The National Assembly, controlled by the administration of Daniel Ortega, approved this Wednesday, May 4, a report that seeks to reform Nicaragua’s criminal legal norms, in which they increase prison sentences against future political prisoners tried for “attacking the homeland” and legalize the confiscation of their property.
With 77 votes in favor, 11 against, zero abstentions and three present, the deputies approved the final report on the analysis of criminal legal norms presented by the Commission for Justice and Legal Affairs in conjunction with the Commission for Peace, Defense, Government and Human Rights
In it document Presented by the Ortega deputies, they propose adding to article 409 of the Penal Code the figure of “extinction of domain, applied as an accessory penalty for those convicted who used or acquired property, in the commission of crimes of Treason against the Fatherland.”
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It should be noted that the modification to this article would be “unconstitutional” because article 44 of the Political Constitution of Nicaragua prohibits confiscations.
In addition, article 410 of the Penal Code will be reformed, increasing the sentence from 15 to 20 years in prison for Nicaraguans who are found guilty of committing undermining national integrity. Previously, the maximum sentence was 15 years.
Also, the modification of article 147 of the Criminal Procedure Code is detailed so that during an ongoing investigation it is “obligation to keep the person cited and/or interviewed confidential, by the Public Ministry and/or the National Police.”
The laws that the Sandinista deputies “analyzed” to promote these reforms are the Law for the Regulation of Foreign AgentsSpecial Law of cybercrimeLaw of defense of the Sovereignty and the reform to the Criminal Procedure Code which allows a detainee to be kept “under investigation” for up to 90 days.
According to the legislature, between February 11 and April 6, two commissions of the National Assembly held 17 working sessions with representatives of the institutions that make up the criminal justice system, such as the Police, the Prosecutor’s Office, the Power Judicial and Attorney General’s Office.
Similarly, they met with representatives of the mayors of Diriamba, Jinotepe and Granada, of the universities and with alleged victims and relatives of hate crimes, to supposedly “consult” the modification of the country’s criminal laws.
Persecution against the Catholic Church and defenders
In the approved initiative, they also point out that the “victims of the coup” demand “justice for the religious and directors of Human Rights organizations” in Nicaragua. Therefore, they request a “thorough investigation” so that they are tried for “treason against the fatherland.”
In addition, they insist on investigating the religious communities or associations that were “involved in the coup adventure” of 2018. In the document they propose to open a process against the Colegio San José de Jinotepe, for supporting the Nicaraguans who were protesting against the Ortega administration. .
