The special rapporteur for Nicaragua of the Inter-American Commission on Human Rights (IACHR), Esmeralda Arosemena, asked the Inter-American Court of Human Rights (IACHR) to issue a follow-up resolution on the provisional measures granted to political prisoners in Nicaragua, in the one that confirms again “the manifest breach and contempt” of the regime of Daniel Ortega and Rosario Murillo.
“The State of Nicaragua is in open contempt of the decisions ordered by this court from 2021 to date”warned the reporter. “And since all the people currently deprived of liberty are in a total lack of protection of their rights… the Commission calls on the States of the Organization of American States on the application of the notion of collective guarantee of the decisions of the inter-American system”he continued.
The request was made during a joint public hearing to monitor the provisional measures issued by the Inter-American Court, in the Matter of 45 persons deprived of their liberty in 8 detention centers with respect to Nicaragua and the Matter of Juan Sebastián Chamorro et al. with respect to Nicaragua, in which relatives of prisoners of conscience and human rights organizations participated.
Arosemena recalled that in both cases the Inter-American Court required the State of Nicaragua to release “immediate” of prisoners of conscience. Since then almost a year has passed and “the Commission notes that none of the orders issued have been complied with to date”stressed the rapporteur.
Meanwhile, the lawyer for the Nicaraguan Never Again Human Rights Collective, Wendy Flores, stated: “We hope that the Court declares that the State of Nicaragua is not complying with its resolutions, but also that it includes this element, of violation of the rights of the relatives, who considers them as torture, because their practices are a State policy.”
“The regime has implemented a regime of torture against family members that is based on solitary confinement, harassment, surveillance, abusive searches and sexual abuse during visits, the boys and girls of political prisoners have also been harshly subjected to requisitions, affecting them as one more extension of the cruelty with which arbitrary deprivation of liberty is being treated in Nicaragua,” Flores explained.
Relatives ask for release of prisoners
Families of political prisoners and human rights organizations asked the Court to once again order the release of prisoners of conscience in Nicaragua and to classify their confinement as a form of torture.
The State of Nicaragua had to submit a report on compliance with the measures, but the Nicaraguan Government did not send representation.
The lawyer for the Center for Justice and International Law (CEJIL), Gisela de León, said that Nicaragua has not complied with the measures of the Inter-American Court and that the people who are arbitrarily detained belong to various sectors of society that oppose to the Ortega government.
“Those being deprived of liberty range from businessmen to human rights defenders, activists and students, who are considered to be against the Ortega-Murillo regime.”Leon said.
Silvia Nadine Gutiérrez, daughter of political prisoner Evelyn Pinto, said that her mother has been arbitrarily detained since November 6, 2021 for alleged crimes of false news and undermining the country’s sovereignty.
“She is on trial for crimes of false news, for simply giving her opinion differently from the Daniel Ortega regime, and for thinking differently and believing that Nicaragua could be democratic.”Gutierrez commented.
The numerous resolutions of the Inter-American Court
On October 4, the Inter-American Court issued a new resolution in which it ordered the State of Nicaragua to release 45 people detained for political reasons.
In addition, the Court ordered the State to “immediately adopt measures to protect the life, access to health, integrity and personal liberty of detainees”.
Days later, the president of the Inter-American Court, Judge Ricardo Pérez Manrique, pointed out during the fourth plenary session of the 52nd OAS General Assembly, held in Peru, that the Court has proven to be an “open court,” but the regime of Nicaragua maintains its position of not abiding by any of the resolutions adopted by that body in favor of political prisoners.
“The plenary session of the Court has resolved to communicate to this General Assembly its concern about the situation of human rights in Nicaragua (…) The court has issued several decisions, such as this one, and declared the State of Nicaragua in a situation of contempt before the Inter-American System”, said Judge Pérez Manrique at the time.
That was the most recent in a series of resolutions issued by the Inter-American Court in favor of people detained in Nicaragua, although the Nicaraguan government has not complied with the orders.
Previously, in June, the Court ordered the immediate release of 9 political prisoners, including the former president of the Superior Council of Private Enterprise (Cosep), Michael Healy Lacayo, and peasant leaders Medardo Mairena Sequeira and Pedro Mena Amador.
Months before, the Court issued other resolutions in favor of detained persons such as former presidential candidates Cristiana Chamorro Barrios, Juan Sebastián Chamorro and Félix Maradiaga.
With information from Eph.
