The Group of Experts on Human Rights on Nicaragua (GHREN) urged the international community to take legal action against the Ortega regime, to prevent the “human rights violations” escalate to “a humanitarian crisis”. The call was made at an international press conference in which they confirmed the commission of crimes against humanity and extrajudicial executions in Nicaragua.
At the same time, human rights organizations supported the GHREN’s call for other countries, protected by universal jurisdiction, to initiate legal proceedings against the perpetrators of the documented crimes, which include arbitrary detentions, torture and cruel, inhuman or degrading treatment, deprivation arbitrary denial of nationality, and violations of the right to remain in one’s country, as well as violations of the right to participate in public affairs and freedom of expression.
The Group led by the German jurist, Jan-Michael Simon, an expert in criminal investigation and criminal law; the former Colombian prosecutor, Ángela María Buitrago; and the Chilean, Alexandro Álvarez, former IACHR consultant, recommended to the international community “Initiate legal actions against the individuals responsible for the documented violations, abuses and crimes, in accordance with its internal legislation,” reads the report presented this Thursday. The investigation was guided by a resolution of the United Nations Human Rights Council in 2022.
Buitrago indicated that any country can carry out an investigation into the documented abuses in Nicaragua. In the case of victims with dual nationality, their nations could activate legal mechanisms in favor of their causes.
“The Group’s call, and in particular based on what we have found, generates the need to call for action to exercise what is called the ‘principle of protection’, which means that we can ask that the community —which is obliged to to prevent these crimes against humanity from being committed—to act informally”explained the Colombian expert.
The group of experts explained that, to perpetrate the multitude of crimes of the last five years, there were “a variety of actors and institutions” that they followed the orders emanating from the Presidency, in charge of Daniel Ortega, and the Vice Presidency, represented by Rosario Murillo.
They confirmed that the Police and pro-government armed groups executed opponents or people perceived as such, following instructions from national or local authorities or from territorial leaders of Ortega’s party. The Government of Ortega and Murillo ignored the GHREN resolution and did not respond to any of the letters sent regarding the investigation.
State turned into a “chase gun”
“These crimes have been committed for political reasons and continue to be committed today. The state apparatus in its entirety has been turned into a weapon of persecution against the population”, declared the group’s president, Jan-Michael Simon.
He commented that they are very concerned about the cruelty of the situation in Nicaragua, so the international community should not wait for the crisis to worsen, even to a humanitarian crisis. “That is what we are talking about bilaterally with other Member States.”
The expert explained that the report’s conclusions are based on customary international criminal law—Tribunals established by the United Nations Security Council and which have evaluated specific cases of DD violations. HH.— And that the vast majority of countries worldwide have ratified the Rome Statute. This allows having a sufficient basis to be able to prosecute the perpetrators of crimes under universal jurisdiction.
“The case of Nicaragua is a very serious case, which has not been seen in Central America for a long time, after the signing of peace in the 1990s in the region,” he stressed.
The Colombian researcher pointed out that, based on the evidence documented and authorized by the victims to the GHREN, any State can verify it to determine criminal responsibility.
A beacon of hope for the family
Lizeth Davila, mother of Alvaro Conrado, the first minor murdered in the April 2018 massacre, said from Geneva that the GHREN report demonstrated, once again, that the Ortega regime committed crimes against humanity and that the Police were involved. The investigation filled her with hope and made her see “some light” on the difficult path of justice.
Almost five years after the murder of his son, Dávila stressed that the report is proof of the crimes and that it contains “the elements necessary for the international community to act”.
“Nor we will give up; It’s already been five years, but we continue the fight, as from the first day. We are mothers and our children hurt us. We are aware and we have been fighting because our children deserve justice. They wanted to silence their voices, but we are the living voices of those victims who silenced”Dávila emphasized.
Coalition #NicaraguaFight in #Geneva
Juan Carlos Arce from .@CollectiveNever and the delegation that represents the .@_NicaraguaFight in #HRC52 analyzes the Report of the #GHRENas direct sources of the document that will be presented in extenso before the Council #UN he #6 March pic.twitter.com/w9L7V8Z1UW— Human Rights Collective “Nicaragua Never +” (@ColectivoNunca) March 2, 2023
Organizations demand action from the international community
Lawyer Juan Carlos Arce, a member of the Nicaraguan Struggle Coalition —made up of more than 15 defense organizations— present in Geneva, joined the GHREN call to sue the international community “more concrete actions” regarding the human rights crisis.
“What is happening in Nicaragua should not and cannot be allowed. It is a very serious situation”he expressed on social networks.
At Urnas Abiertas we welcome the declarations of the Group of Experts on Human Rights on #Nicaragua that advances its findings after a year of exhaustive investigation, where they determine that the State committed atrocious crimes#HRC52 #HRC52 #ReportNicaragua pic.twitter.com/ov978s79iX
— Open Ballot Boxes (@UrnasAbiertas) March 2, 2023
Olga Valle, defender and member of the Observatory Urnas Abiertas, stressed that the report’s findings confirm the complaint sustained by civil society organizations about the destruction of civic and democratic space in Nicaragua.
“We join the recommendation made by the GHREN that calls on States to initiate legal actions against those responsible, as well as extend sanctions and include human rights guarantees in cooperation and investment projects.”held.
