The situation of human rights in Nicaragua “has been deteriorating very seriously” after the sociopolitical and economic crisis that the country has been facing since April 2018, the United Nations Human Rights Committee affirmed, during the evaluation session 136 on Nicaragua’s compliance with the International Covenant on Civil and Political Rights, held in Geneva.
The group examined the report sent by the Nicaraguan State in November 2019, seven years late, since it had been due to deliver it since 2012 for the fourth compliance review, and lamented the absence of representatives of the Nicaraguan Government, noting that it chose for “not engaging in a consultative dialogue”, despite the fact that they repeatedly requested his responses and invited him to the session well in advance.
“The Committee regrets this unfortunate situation which has arisen as a result of the lack of responses to the Committee’s communications to the State party and which is not conducive to a meaningful review of the State party. The situation is especially worrying since Nicaragua has not communicated with any of the treaty bodies where it should have submitted a report. namely our sister committee, the Committee on Economic, Social and Cultural Rights in 2021, the Committee Against Torture in July 2022 and the Committee for the Elimination of Racial Discrimination in August 2022”, they indicated.
In addition, they reminded the State of Nicaragua “that the ratification of the International Covenant on Civil and Political Rights entails the obligation for the States to submit reports on the measures taken to make effective the rights contained in the covenant and the progress made on their obligations in accordance with the Covenant and are expected to be present at the Committee meeting when their reports are considered.”
Situation of political prisoners in Nicaragua
The UN Human Rights Committee, despite the absence of the State of Nicaragua, evaluated the report received and the information provided by civil society organizations and the Office of the High Commissioner, highlighting its concern about the situation of inhuman treatment , degrading and torture that are executed against people imprisoned for political reasons in the different prison centers of Nicaragua.
“We observe with concern the mistreatment against detainees in prisons and at the time of arrest without these police behaviors being sanctioned in all cases. Information has continued to be received about cases of torture and ill-treatment that occurred in the context of the protests that began in April 2018 in the El Chipote, La Modelo, and La Esperanza prisons,” they noted.
In addition, they mentioned that persons deprived of liberty have been subjected to precarious and unhealthy conditions in the country’s prisons, with inadequate temperatures and ventilation.
“We remain concerned about the situations that occur in La Modelo, La Esperanza and El Chipote due to the inadequate conditions of detention, hygiene, quantity of food, quality, and access to health care,” they pointed out.
They recalled the death of retired General Hugo Torres, who died in the custody of the El Chipote authorities. “He died after being transferred to the hospital late due to his more precarious health,” they denounced.
“The Committee is concerned about the information received regarding the visits to these detention centers and, in this regard, to speak of the situation of the detainees who have launched a hunger strike because they are prevented from seeing their minor sons and daughters and disabled,” they added.
In this context, they invited the State of Nicaragua to “pronounce on the aforementioned situations and report on the investigations or disciplinary processes and the sentences against the officials responsible for these acts, as well as the reparation measures that have been carried out.”
During the evaluation, the Committee consulted on at least 29 issues related to human rights violations that included: lack of independence of the powers of the State, guarantee of the exercise of freedom of expression, assembly and association, access to justice, respect of the rights of women, children, indigenous and Afro-descendant peoples and people of sexual diversity.
He also pointed out that the State of Nicaragua has “adopted a policy of non-collaboration with the United Nations human rights mechanisms, has not complied with most of the recommendations of the Office of the United Nations High Commissioner for Human Rights and has not responded to any of the requests for visits in if you that have been made by representatives of different UN bodies”.
Nicaraguan civil society was present at the session held by the Committee in Geneva and provided at least ten reports related to human rights violations committed by the regime of Daniel Ortega and Rosario Murillo in the last four years. In addition, they denounced the State’s failure to comply with its international obligations and with the Nicaraguan people, whom it represents as a signatory to that Pact.
The committee reported that the final observations on the situation in Nicaragua and the evaluation made regarding the report on compliance with the Pact sent by the Nicaraguan Government will be presented in the coming days after the close of this session. In addition, it gave the State a period of 48 hours to respond to the series of queries made by that body through each of its members.