Argentine justice opened a criminal investigation Nicaraguan President Daniel Ortega and Vice President Rosario Murillo, to determine if they are responsible for crimes against humanity in the framework of the protests against his government in 2018 that left more than 300 dead, thousands of wounded, as well as exiles.
Together with them, other actors will also be investigated, such as Néstor Moncada Lau, private advisor to the president; Julio César Avilés, head of the Nicaraguan Army; Oscar Mojica, Minister of Transport and Infrastructure.
But also Gustavo Porras, president of the National Assembly; Sonia Castro, former Minister of Health and Leonardo Ovidio Reyes, President of the Central Bank.
Darío Richarte, professor of International Criminal Law at the University of Buenos Aires, is one of the lawyers who denounced Ortega and Murillo. The expert explains in an interview with the voice of america the scope that this investigation would have and if the accusations are proven, if it could arrest and try those involved.
Richarte assures that the investigation is complex, because the events take place outside the territory of Argentina and the collaboration of the international community is required.
Argentine federal judge Ariel Lijo, who is handling the case, believes that the justice system in his country is empowered to investigate human rights violations that have occurred in other nations, since the Constitution recognizes the principle of universal jurisdiction.
In this sense, Richarte says that reports should be requested from the international human rights organizations that have been taking action on the matter, such as the Inter-American Commission on Human Rights, the UN Human Rights Council and the Office of the High Commissioner for Human Rights. Human rights.
In addition, according to Richarte, there are Non-Governmental Organizations that have also done their research and were invited to provide the data and information they have.
Richarte points out that with these reports, the next step will be to collect the statements of the victims and witnesses in order to formalize the accusation against those responsible.
As a first measure, the Argentine judge in charge of the case ordered the sending of a warrant to the Nicaraguan justice to report if there are open cases of illegal detention of people.
But this is only a procedural requirement, explains Reichel, since the judge has to guarantee that the facts he is investigating are not in another jurisdiction, so the warrant is a necessary step.
Although he assures that there will be no open processes in Nicaragua “because the judicial system is collaborating with the government’s actions and because an amnesty law has been enacted that prevents the investigation of the events that occurred until June 2019”, so that this is only “part of the procedure”.
Nicaragua is not part of the Rome Statute
When wondering only the scope of Argentine justice, despite the fact that Nicaragua is not part of the Rome Statute, which investigates crimes of genocide; Crimes against humanity; war crimes, the lawyer explains that this does not mean that the facts cannot be judged before the International Criminal Court.
“The Nicaraguan State itself recognizes international jurisdiction for international crimes in its Criminal Code, and the Argentine State has it recognized in the National Constitution. These tools allow us to justify the actions of the Argentine federal justice to investigate these facts because they are not being investigated in another jurisdiction and because they cannot be tried before the International Criminal Court”, says Reichel.
In Argentina, international crimes that occurred in China against Falun Gong practitioners and against the Uyghur people have been investigated and are being investigated, as well as crimes committed by the Franco regime in Spain and in Myanmar against the Rohingya people.
“Each of these processes are in different instances and some were referred to other states that were also carrying out similar investigations so as not to duplicate efforts.”
Human Rights Watch: “What is happening is very important”
Some human rights defenders celebrate this investigative process. Tamara Taraciuk, deputy director for the Americas of Human Rights Watchh, a human rights organization, points to the voice of america that in Nicaragua, justice is co-opted by President Ortega and his wife Rosario Murillo, and there is no expectation or possibility that the victims will have justice.
In this context, he points out that it is extremely important to creatively explore different alternatives in order to bring those responsible to justice.
“In the case of Nicaragua, the possibility of initiating criminal proceedings through universal jurisdiction, which is like what is happening in Argentina today, is very important to explore because what it does is give hope to the victims that there will be accountability and justice. for the abuses. The reality is that there is evidence that crimes against humanity have been committed in Nicaragua,” Taraciuk said.
It also ensures that the fact that the jurisdiction of the International Criminal Court in Nicaragua is not applied, what it does is close the door so that this court can investigate crimes against humanity, but not so that others do so following the principles of the universal jurisdiction like what is happening in Argentina.
“I think it is important not only to applaud that this door has been opened in Argentina, but also to find ways to promote this type of investigation in other courts.”
Uriel Pineda, a Nicaraguan professor of human rights, also values the Argentine justice process and indicates that the judicial authority of that country needs to rule out that investigations have been initiated in Nicaragua or sanctions have been determined against those who have been identified as perpetrators of crimes against humanity.
Pineda explains that since there is no investigation, then, naturally, any action in this regard will be ruled out and it is a requirement of origin for the application of universal jurisdiction.
“What the Argentine justice is undertaking is very different from the actions that the International Criminal Court could undertake in a complementary manner.”
Nicaragua House for jail for Ortega and Murillo?
Pineda warns that if this action prospers, what will happen is that the extradition of the accused can be requested and “Nicaragua can become the prison of Daniel Ortega and Rosario Murillo.”
According to the expert, if the couple in power leaves the country to a territory, even if it is transit, this third country will have the obligation, if the Argentine authorities so require, to extradite Ortega and Murillo “for crimes against humanity.” , just as it happened precisely with Augusto Pinochet when he passed through London in 1988 when he was required by Spanish authorities”.
Richarte agrees with this, one of the lawyers who denounced Ortega and Murillo and who mentions that the couple in power could be extradited “in the event that the judge obtains all the elements to formalize the accusation and that they do not appear for the summons that they are cursed”.
The government of President Ortega has not reacted, after learning of the open investigation against him, however on previous occasions he has branded the 2018 protests, which were violently repressed, according to human rights organizations, as an attempted coup d’état against his government.
Ortega has also denied that crimes against humanity have been committed against his people and the government spokeswoman, Rosario Murillo, has accused the international community of being the ones who “violate human rights.
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