The stripping of nationality and citizen rights “perpetually” to 94 Nicaraguans by the Public Ministry was described as an “aberration against the rule of law” in Nicaragua, and the “culmination of a process of unmasking the Power of attorney as a repressive organ of the dictatorship” of Daniel Ortega and Rosario Murillo, expressed lawyers and activists consulted by CONFIDENTIAL.
The resolution, read by the presiding magistrate of the Court of Appeals of the Managua District, Ernesto Rodríguez Mejía, establishes that the 94 Nicaraguans are accused by the Public Ministry of the alleged crime of “treason against the homeland”, according to resolutions issued this Wednesday, December 15. February 2023 by Sandinista judges of the different Criminal Hearing Districts of the Managua Circumscription.
“It is a total aberration to the rule of law in Nicaragua. No one can be deprived of their rights, without first giving a legal process in which all parties intervene and expose their foundations. This is arbitrary, illegal and goes against what is established in the Political Constitution, ”explained one of the lawyers, who asked to keep his identity for security reasons.
The regime’s decision comes days after it ordered the release of 222 political prisoners, that they were exiled to the United States and likewise stripped of their Nicaraguan nationality.
“Any sentence or judicial resolution must be given after having listened to the parties, and giving them the opportunity to defend themselves. This resolution violates the right to life of the allegedly convicted, the right to effective judicial protection, the right to defense that people have to defend their assets. How is it possible that they are going to take something from you without first hearing you? and none of these people were heard,” he added.
Convictions cannot be effective because they go against the Constitution
Judge Rodríguez Mejía said that the 94 Nicaraguans were accused by the Public Ministry for the alleged “crimes of conspiracy to undermine the national integrity in real competition with the crime of spreading false news through information and communication technology”, all to the detriment of the State of Nicaragua and society.
The Managua Appeals magistrates explained that they made that decision based on the questioned Law 1145which regulates the loss of Nicaraguan nationality, approved on Thursday, February 9, 2023 expeditiously by the National Assembly controlled by the deputies of the dictatorship and the collaborationist political parties, as well as the Law for the Defense of the Rights of the People to Independence, Sovereignty and Self-determination for Peace, published on December 22, 2020 .
“Among the aberrations that this Law 1145 has, is that they are based on article 21 of the Political Constitution, an article that has not been legally reformed, because for that it needs to be approved in two legislatures,” said another lawyer consulted, also on condition of anonymity.
“In addition,” he continued, “Article 21 is for nationalized Nicaraguans, it is not for Nicaraguans born in Nicaragua.”
“Article 21 says that the acquisition and loss of nationality will be regulated by law. But article 20 of the Constitution, which is more important, establishes that no national, let us understand those born in Nicaragua, can be deprived of their nationality. Any law they make is contrary to what the Constitution establishes,” he explained.
“Forfeiture of assets” occurs without legal justification
The judicial decision also ordered “immobilization and confiscation in favor of the State of Nicaragua of all real estate and companies that the defendants have registered in their favor, either personally, or as a legal entity or companies in which they participate as partners, to answer for the crimes committed.”
“We are going to suppose that a person has not paid taxes and then they come and administratively, they order you to take away your assets. That person has the right to go to court through the appeal of amparo. But, how are you going to protect yourself, if there is no process, there is no resolution. The judges only issue sentences after a trial, not as they are doing now”, stressed another of the specialists.
“Sadly, we are seeing the culmination of the process with which the Judiciary completely unmasks itself as a government operator, which only does what the government says. Those people who were at the press conference are people with a high knowledge of the Law, but for whatever reasons, they have become fanatics, ”he opined.
“Imagine how they are going to sentence Monsignor Silvio Báez or Monsignor Rolando Álvarez, without judging them. It is absurd, ”he added.
Against agreements signed by Nicaragua
A lawyer specializing in human rights issues explained that the resolution contravenes international regulations on human rights and conventions on the matter signed by Nicaragua.
He pointed out that the Nicaraguan Constitution has adapted to what these agreements establish, such as article 46, referring to “the recognition of the rights inherent to the human person, the unrestricted respect, promotion and protection of human rights.”
This article is adapted to both the Universal Declaration of Human Rights and the American Convention on Human Rights of the Organization of American States, among other international instruments.
Article 15 of the Universal Declaration of Human Rights establishes that everyone has the right to a nationality and that no one “shall be arbitrarily deprived of their nationality, nor of the right to change their nationality.”
In addition, Article 3 of the American Convention on Human Rights states that “everyone has the right to recognition of their legal personality” and also expressly establishes a guarantee against their arbitrary deprivation.
“The State of Nicaragua may not deprive any national of their nationality or the recognition of their legal personality, under penalty of incurring in violations of international law, due to non-compliance with international instruments to which it has become a party, making use of its sovereignty, and that it has also expressly welcomed them in its regulations,” said the specialist.
Human rights defender repudiates resolution
The defender of human rights, Pablo Cuevaswho is one of the 94 Nicaraguans declared stateless by the regime, through a statement expressed his repudiation of the stripping of his nationality and the confiscation of his assets.
“Article 2 of the Universal Declaration of Human Rights which states: ‘No citizen may be arbitrarily deprived of their nationality.’ This same norm speaks of the right to property. Both rights were violated to my person by the dictatorship, for the mere fact of strongly denouncing the violations of the law, justice and human rights by the dictatorship”, Cuevas highlighted.
“Consequent to my acting on the correct side of history, I want to make it clear that this abusive and cowardly action by the terrorist government of Daniel and Rosario Murillo does not intimidate me. I feel stronger and more aware that, despite the abusive action, I am still Nicaraguan,” the human rights defender stressed.
