The political trials ordered by the regime of Daniel Ortega and Rosario Murillo against Nicaraguan priests are riddled with irregularities and show that “they no longer even appear legal,” said former judicial official Yader Morazán, a specialist in the administration of justice.
In an interview with the program TonightMorazán pointed out that in the case of Monsignor Rolando Jose Alvarezbishop of the Diocese of Matagalpa and apostolic administrator of the Diocese of Estelí, is locked up under the figure of “home shelter”, which does not exist in Nicaraguan legislation.
In addition, he denounced that a hearing was held “clandestinely” against seven people, including priests and laity, who remained kidnapped for more than 15 days together with Monsignor Álvarez.
“Now they are not even kept under the detention process for ninety days, but we have seen that they have closed spaces where priests have been found within their curiae for a long time, despite the fact that they have the entire state apparatus to invent any thing, and in the end have the results they expect,” Morazán denounced.
What is known about the case of Bishop Rolando Álvarez? He has been detained in his home in Managua for six days, after he was forcibly removed and detained from the Curia of Matagalpa. The Regime Police said in a statement that he is under house arrest. Can the Police impose that figure? Does that figure exist?
Nothing is known, because in these last cases the Prosecutor’s Office is already acting, and is not issuing press releases, as it had been doing since the cases of May and June 2021. However, the figure of home protection does not exist in the law; and on the other hand, the Police is not an authority empowered to issue precautionary measures, this is an exclusive power of the judge, it is carried out within a process, before a defendant, in a hearing, and it has to be duly substantiated for reasons of necessity, proportionality and suitability, either because it is intended to evade justice, because it is about manipulating the evidence or because the counterparts can be put at risk, in this case, the victims.
But, is there then any accusation or formal accusation against Bishop Álvarez?
More than twenty days have passed and nothing formally exists.
The seven people who remained in the Curia of Matagalpa with Monsignor Álvarez, and who were arrested last Friday, and transferred to Chipote, it was learned that a hearing was held on Monday the 22nd. What transpired about what they are accused of? Has a defense attorney been able to see them?
This is a similar hearing, like the ones that have been carried out clandestinely, with defense attorneys related to the dictatorship, who are from the Public Defender’s Office, and a closed-door hearing, with totally ambiguous indications, where it is not justified, for On the one hand, what are the indications on which an initial investigation is based, nor is the reason why the Police needs, or the Prosecutor’s Office, needs more time to expand them and keep them detained for up to ninety days.
No right to private defense
There are other cases of priests detained in the midst of this wave of repression by the regime. There is the case of Monsignor José Leonardo Urbina, from Boaco, the trial was scheduled for this August 24 for the alleged crime of rape of a minor under 14 years of age. Urbina was imposed public defense. What is known about this process?
Precisely the relatives presented themselves at the Managua Judicial Complex to try to obtain some type of information, because the trial was planned, not even the close relatives, being in the Managua Judicial Complex, were able to obtain information, much less the population in general. .
These cases cannot even be made visible in the system created by the Judiciary, which are the virtual files, called the Nicarao system. A defense attorney was imposed on him, despite the fact that the judge had previously issued a resolution in which he summoned a special hearing so that the accused himself could decide who was going to be his defense attorney. However, he himself issued a subsequent resolution, going against his own primary action, in this case imposing a defense lawyer related to the dictatorship, who is from the group of lawyers that the Managua Judicial Complex has, to validate any type of arbitrariness.
There seems to be a pattern in these new political cases in which the right to a private defense is violated. What do you think is the intention of the regime?
In fact, since the creation of the new package of repressive laws, these hearings are being held with defenders from the Public Defender’s Office, despite the fact that the mission and vision of the Public Defender’s Office and article eight of the regulations establish that public defenders only represent people with limited resources, retired people, some people with a disability or people who have a salary below 600 dollars. However, what we see here is that they are held clandestinely, behind closed doors and in collusion, both from the Police, the Public Ministry, the judge, and now the Public Defenders, so as not to have any type of opposition, not even within the process.
There is also the case of Father Óscar Benavides, from Mulukukú, who is in El Chipote and it is not known what he is accused of. What is known about his physical condition? What is his legal status?
Equal. Not even the next of kin have been able to obtain information about their conditions, not even humanitarian ones, and much less about their legal status. We are facing processes in which no one can access a file, a record, where no one can know what kind of accusations are being made, and now the Public Ministry is not even dictating those famous press releases in which they gave , even if it is a minimal tint of what was happening during the condition of these people.
There are also reports of harassment of other priests in Matagalpa, and also the exile of other religious leaders. How are these arbitrariness and abuses classified?
What we popularly call exile, for international law is nothing more than deportations or forced transfers, that this is punishable and is also classified as a crime against humanity, and that therefore establishes a persecution even of an international nature and that does not admit amnesty .
There are no press releases
doHow do you assess, in general, this series of irregularities and vices in the processes that the regime is carrying out against these religious leaders? And how do they compare with the political trials that we have seen in the recent past, such as those of the candidates presidents, civic leaders, businessmen, human rights defenders, who were in Chipote?
The truth is, these last processes no longer appear, not even legal. We have seen that they have common patterns with respect to what you mentioned, with respect to the previous ones, however, here we see that the Prosecutor’s Office is no longer issuing the famous press releases, and the way in which they have been had, no longer it is not even under the detention process for ninety days, but we have seen that they have closed spaces where priests have been found within their curiae for a long time, despite the fact that they have the entire state apparatus to invent anything, and at the same time ultimately have the results they expect.
What can the relatives, the private defenders hired by these relatives of these priests and these people arbitrarily detained do in the face of this defenseless situation?
Unfortunately, the only thing left is to make a legal opposition within the processes, when you have the opportunity to be in front of one of them, or to present personal acquisition appeals for threat of illegal detention, or for illegal detention, since it is a way of documenting what is being done.
There is one case among the most recent, that of Father Manuel Salvador García, in which there has already been a trial and a sentence. What is known about the case?
He finds himself with a final sentence of conviction. However, this case has a difference with respect to all those of May and June 2021 to date, and that is that here the sentence does say where the sentence will be paid. In these previous cases, in the case of the presidential candidates, in these cases it does not say where the sentence is going to be served, as a way of keeping them inside El Chipote and continuing to interrogate them as a method of torture, despite the fact that their legal situation already -legal has already been resolved by a judge.
