For “Moisés”, who has worked as a prosecutor for 12 years, it is evident that the actions of police, judges and prosecutors are controlled “totally” by the regime of Daniel Ortega and Rosario Murillo. Although he has not been directly in charge of political trials against citizens considered opposition, he admits that “the pressures are great” for public officials.
For this reason, he is not surprised that the Collective of Former Officials and Former Prosecutors of Nicaragua reported last weekend that both the arrests of Monsignor Rolando Álvarez, several priests and the rest of the political prisoners in Nicaragua have been “arbitrary” and show “wrong behavior”. of the Police, prosecutors and judges, which could be grounds for punishment, because their actions go against the Political Constitution of Nicaragua itself.
“It is something that we all know, even those who are acting against the laws. Many do not want to do it, but are forced to do it. I’m not saying that not everyone has the same levels of guilt, because there are even those who enjoy punishing political prisoners”, details this public official.
In their statement, the former officials point out that the arbitrary detentions “have been carried out to restrict the exercise of civil rights contained in our Political Constitution, the Universal Declaration of Human Rights and international treaties ratified by the Nicaraguan State.”
“The deprivation of liberty can only be decreed within a criminal process with guarantees and by duly substantiated judicial order. Therefore, the deprivation of liberty and personal restriction that transgresses the specific function of the National Police also transgresses the Political Constitution and criminal laws”, mentions the Collective in its public statement.
“Lesbia”, a worker in the Judiciary, believes that all public servants “know that their actions are unconstitutional, because there is no legal basis to justify these political trials, but it is also immoral that people are sentenced for crimes that they obviously have not committed ”.
“The vast majority of workers in the Judiciary know that the public function is kidnapped by the Ortega-Murillos and that what they want to be done is done and that when someone strays from the script that they impose, they are cruelly punished,” he says. .
There is no objectivity or legality
The statement from the former officials points out that the representatives of the Prosecutor’s Office “have ignored acting in accordance with the principles of objectivity and legality established in articles 5 and 6 of the Organic Law of the Public Ministry” which indicates that their activity must be autonomous and free.
They also criticized that “they have acted consciously in the criminalization of behaviors that do not constitute a crime.” “They have violated the principles of legality, justice, proportionality and equity and the universal principles that guarantee the protection of the human rights of the accused, which entails criminal, civil and administrative responsibility of the officials involved”, they insist.
“Moisés” states that the statement “did not generate internal debates among public workers” but he believes “that at an individual level many have to reflect on what they are doing.”
“It is a constant reflection that there is, more and more people are opening their eyes to how the actions of the regime are carried out, as they say popularly, ‘between the legs’ of those who serve them today. That is why even many of those who sign this statement today are former workers who fled the pressure they received ”, he says.
infractions of judges
Regarding the judges and magistrates of the Judiciary, the former officials declare that they “have forgotten the legal imperative of their public function, which is subordinated to the Political Constitution and the ordinary laws that impose duties and obligations on them to guarantee the application of effective justice. ”.
“Judges and magistrates have incurred not only regulatory violations related to the exercise of their office, but have also infringed the criminal procedural norm by ignoring the rules of due process, preventing the free exercise of the defense, hiding information from the trials and hearings, omitting their duty to guarantee access to medical care for those deprived of liberty in a prompt and timely manner”, they list in the statement.
For “Lesbia” it is a “great truth” that the judicial system “has violated every principle of professional independence and it has become evident that its only interest is to harm the accused.”
“People have been punished for supposedly using social networks when it is proven that they do not even have social networks or smartphones,” he says.
“The worst thing is that now people are being accused just for being related to someone who is in the opposition, when it is evident that there is no evidence against them, but since the trials are behind closed doors, and both defenders and accusers are the same, the result is condemnation”, he laments.
