LAST INTERVENTION OF THE REPUBLIC OF NICARAGUA
Thank you very much, in this last intervention, we will pronounce on electoral issues, independence of the judiciary, access to justice, freedom of expression, right to protest, peaceful assembly and arrests, which have been referred by the honorable delegations of ----------------- Thus we will also refer to other aspects that we consider necessary to highlight.
- Judgment of the ICJ Mr. President. Honorable Delegates and Delegates.
It is always important to remember history, as it helps us to understand the present more clearly. We recall the brutal war of aggression imposed on Nicaragua in the 1980s, which was accompanied by economic sanctions against the welfare and rights of the Nicaraguan people.
We also recall that because of these actions, the International Court of Justice issued a judgment on June 27, 1986, which states that:
"The United States of America, by training, arming, equipping, financing and supplying the Contras, or by encouraging, supporting and assisting by other means the military and paramilitary activities in Nicaragua and against Nicaragua, have acted to the detriment of the Republic of Nicaragua, in violation of their obligation under customary international law not to intervene in the affairs of other states."
This sentence also established reparations for the damages and suffering caused, which, according to the President of the National Assembly of Nicaragua, are in force.
Those who financed that war, more than 30 years ago, are the same ones who today financed the destabilization in Nicaragua. They are the same, who today have approved sanctions to impede Nicaraguans' access to resources to continue the path of progress, peace and well-being. They are the same ones who continue to attack and intervene in the internal affairs of our country.
- Elections
On the electoral issue mentioned by some delegations, our Political Constitution establishes a presidential term of five years. Any change in that electoral period, which is foreseen for the year 2021, implies violating the Constitutional order and setting a bad precedent.
We are constantly working to strengthen our electoral system, in accordance with regional standards and good practices. For this purpose, in February 2017, we signed a Memorandum of Understanding with the General Secretariat of the OAS, an effort that was interrupted by the coup attempt in 2018. This process has been resumed by the Government of Nicaragua and the General Secretariat of the OAS.
With this purpose, on April 24 an informative exchange was held between the international expert on electoral issues of the OAS and the representatives at the Negotiating Table, witnesses and international accompaniers.
- Independence of the Judiciary
In relation to the independence of the Judicial Power, our Political Constitution establishes the independence of the Powers of the State (article 129). Magistrates and judges are independent in their judicial activity, and only obey the Constitution and the Law.
To strengthen the Independence of the Judicial Power in the year 2014 the Political Constitution was reformed to create the National Council of Administration and Judicial Career, as an organism of the Judicial Power, which is granted technical and functional autonomy and is responsible for directing the judicial career.
The Judges of the Supreme Court of Justice that make up the Council are not part of the Chambers of the Court and are exclusively dedicated to the exercise of their functions.
The General Directorate of the Judicial Career was consolidated, which complies with the selection, appointment and promotion procedures of the judicial officers.
- Access to Justice
Regarding access to justice, in Nicaragua we have made an orderly and consistent progress in the modernization of the legal system and the strengthening of institutions in the justice sector.
We increased the number of Prosecutors in the Office of the Attorney General, by 36%. We prosecuted 102,036 cases and provided 391,255 specialized services to victims (legal and psychological guidance).
We carried out 364,266 legal medical examinations of victims of physical, psychological, sexual violence and violent deaths.
We have Judicial Facilitators in the 153 municipalities of the country; we provide an annual average of 119,290 free legal assistance in criminal, family and civil matters; Expanded the national coverage with 377 public defenders, in general, we strengthened different instances of the Judicial Power.
We apply the "Brasilia Rules" in the courts that are specialized in violence and implement orality in all judicial processes;
At present, the State is working hard to establish the truth of the acts of violence in the context of the coup d'état attempt, to give justice to the victims.
In all cases, we comply with international standards and exhaust investigation lines; the accusations are supported by abundant elements of conviction, expert evidence, testimony and documentary evidence, among others.
We guarantee to each person accused, the right to technical defense, as it corresponds by law, reason why we reject the supposed anomalies in the investigations and judicial processes.
- Freedom of Expression
In our country, there is full freedom of expression, which is evidenced by the existence of numerous written, oral, digital and television social media, many of them holding positions contrary to the Government. They do their work without prior censorship or restriction. Likewise, Nicaraguans express their ideas, positions and disseminate information according to their own interests through social networks, which are not limited in any way.
Article 66 of the Political Constitution of Nicaragua establishes that Nicaraguans have the right to truthful information. Correspondingly, article 67 of the Constitution establishes the social responsibility that the media should have when disseminating the information, as well as the responsibilities, in case of non-compliance with said provision.
In the context of the attempted Coup, some media and journalists divulged false news, presenting them as absolute truths.
Our country has been the victim of misinformation and manipulation of some media, which encouraged violence, hatred, and social chaos, violating Constitutional provisions and placing the stability, security of the people and peace of the Nicaraguan nation at grave risk.
No journalist has suffered imprisonment or persecution for exercising the right to inform, in any case if any person has had to respond to justice, it has been for the commission of unlawful conduct, established in the Penal Code as a crime and not as professionals of the communication.
- Right to protest and peaceful assembly
On the right to protests and peaceful assembly, our Constitution recognizes the right of concentration, demonstration and public mobilization of people, however, as in any country, these rights must be exercised in accordance with the laws and regulations that for the effect are established.
Law 872, "Law of Organization, Functions, Career and Special Regime of Social Security of the National Police" establishes (Article 7 paragraph 1 paragraph p), that the police must authorize the celebration of special events and activities that affect the free circulation, which may alter the normal coexistence of the population, establishing schedules, areas, routes, measures and special regulations, in order to ensure public order, safety and the rights of others.
We have never repressed any protest or peaceful demonstration, however, we cannot allow violent groups, carrying firearms, to block roads, prevent free movement, threaten or intimidate people, damage or destroy public or private property.
These actions are not peaceful demonstrations or protests, they are behaviors classified as crimes in our legal system, as in any other country.
When the National Police has not authorized permits, it has done so for not meeting the previously established requirements. In that order, the State has not done more than restore and maintain public order to guarantee the tranquility and security of the citizens.
- Deceased within the context of the Failed Coup
In relation to the people who unfortunately lost their lives in the context of the attempted coup, which took place between April and June 2018, it is important to note that among the 198 people who lost their lives were 22 police officers, numerous Government officials and supporters, as well as population, innocent victims of the violence generated by political groups in the deadly roadblocks.
We have maintained that the figures provided by various national and international entities, including the IACHR, have been exaggerated on purpose, ill-intentioned and notoriously biased. Their sources of information come from politically interested elements, organizations and media.
They did not make any independent effort to verify the information, which resulted in the inclusion in their death reports of persons who are alive, non-existent, duplicate names, persons killed by traffic accidents, natural causes, suicide or personal conflicts, which shows little professionalism and disrespect in the handling of this sensitive information.
- Arbitrary arrests
The "death road blocks" were used to destabilize the country, commit serious crimes, typified in the national legal system, and violate the Human Rights of the Nicaraguan people when used as centers of criminal operations.
Faced with the serious criminal action and the demand of the Nicaraguan people, the National Police resumed its constitutional function of restoring public order and citizen security, acting against these pockets of violence and terror.
All the arrests, made in the context of the attempted coup d'état, and the attempt to break the constitutional order of the country, were carried out in compliance with the requirements, procedures and guarantees established in the national legal order.
The alleged arbitrary detentions, which have been referred to is baseless, are built on false and misrepresented publications, transmitted mainly through social media, which in turn were created to destabilize our country through misinformation.
The persons arrested for executing these criminal acts were had weapons and other artifacts used for the acts of terror.
However, as an act of good will to create a climate of peace, the National Police released 72.74% of the persons detained for offenses against public order, within the 48 hours established by the Political Constitution. These persons were handed over to their families, priests and / or human rights organizations.
The rest were placed at the order of the competent authority and criminal accusations were brought before the Courts of Justice, in cases where there was sufficient evidence to demonstrate their participation in serious crimes.
Accusing those responsible for these crimes does not mean criminalizing peaceful protests, rather, it means justice and reparation to the victims.
- Use of force and use of firearms
The false accusations regarding the use of lethal weapons by the National Police to dissolve protests or peaceful demonstrations have no basis, on the contrary, it has been proven that, in the serious alterations to public order, violent groups used firearms in the commission of serious crimes to the detriment of the population and the public force.
Under the Principles of Congruence, Opportunity and Proportionality, the use of force and use of firearms was proportional to the type of resistance faced.
- Alleged denial of the right to health
With regard to the alleged denial of the right to health, it is a generalized falsehood that in Nicaragua medical attention has been denied in the context of the events that occurred during the attempted coup d'état. These assertions are intended to fuel a permanent smear campaign against the State.
In Nicaragua, the State guarantees the right to health and access to the health units of all persons, as well as those that were affected by the acts of violence.
We have evidence, in medical records, about the care provided in the Public Health Centers, which includes the care of persons who initially went to Private Centers and then transferred to Public Hospitals, where they were guaranteed an adequate, dignified and free attention.
We reject the alleged statements that relatives of the deceased have been "forced" to renounce their right to file complaints or the right to practice the legal medical autopsy.
On the contrary, the Ministry of Health informed the competent authorities of each case, so that it could proceed to investigate what corresponds.
- Human Rights Defenders
Regarding the alleged persecution of human rights defenders, we recognize the important work that some human rights defenders have done, contributing to the development and strengthening of the Rights of the Nicaraguan people.
In this regard, the Government has not prevented, in any way the, exercise of their work, for which they have full freedom. However, it is important to point out that there are politicized organizations that were used to execute the coup attempt.
In this regard, regulations such as the circular issued by the Public Prosecutor's Office, "About the protocol of action for the attention of crimes committed against human rights promoters and defenders", and the "Protocol on special measures of protection and security to human rights activists" of the National Police. However, it is necessary to refer that to date none of these institutions has received a complaint from these people about crimes committed against them.
Now, anyone who commits a crime must answer for their actions. In Nicaragua we have not investigated, accused or punished any person for their condition of human rights defenders.
- Deprived of Liberty
In Nicaragua there are no persecuted, accused or political prisoners. Those who incite and use violence cannot be considered political prisoners, although they claim to have acted for political reasons, the actions they carried out are constitutive of common crimes.
As part of its political will, the Government of Nicaragua, from January 2019 to date, has released 236 persons, giving them the legal benefit of family cohabitation or other precautionary measures. The men who remain in prison in the "Jorge Navarro" Penitentiary Center, are located in two modules of recent construction, with adequate ventilation and lighting, without overcrowding, with individual mattress cabins and mattress covers; in addition to sanitary devices with individualized separation for privacy; showers, launderers and drinking water.
The women are placed in the "Comprehensive Penitentiary Establishment for Women", also equipped and equipped with conditions in accordance with national and international Human Rights standards.
From May 23, 2018 to February 1, 2019, 23,642 prison services and services, 10,142 sun activities, 3,765 family visits, 2,750 medical care, 2,646 package passes, 1,799 judicial proceedings, 1,168 purchases from the prison commissariat, 945 were provided. conjugal visits, 208 medical evaluations by the Institute of Legal Medicine, 41 psychological consultations, 14 specialized examinations and 09 consular visits with the diplomatic representation of the country of origin.
- Para-police groups
On the subject of alleged para-police, we deny the existence of these alleged para-police groups, mobs or forces.
In all the interventions for the restitution of order, only professional police forces and volunteer police participated, which according to Law 872 (Article 23 and following), act as an auxiliary and support body of the National Police, with an organic structure attached to Police delegations and is composed of Nicaraguan citizens who provide their service on a voluntary and temporary basis which is considered as a form of community participation.
The National Police has not had, does not have, nor will it have para-police forces, it is governed by strict adherence to the political Constitution of our country, to which it has respect and obedience.
- Cancellation of legal registration
On the subject of cancellation of legal registration, we would like to point out that 7,227 Non-Profit Organizations operate in Nicaragua, known as NGOs, of which 3,276 registered in the evaluated period (2014- 2018), respecting the Constitutional Law of Association (article 49).
The Organizations that acquire Non-Profit Legal Standing (NGOs) are obliged to comply with the laws of the matter, with the objectives and purposes for which they were constituted and for what was granted legal personality.
In this context, Nine Associations lost their legal registration, for distorting their aims and objectives or made use of their organizational scheme to manage, receive, channel and facilitate funds for the commission of unlawful acts in the context of the attempted coup d'état, violating their own statutes.
The loss of their legal registration, does not prevent the right of association of its members, which is maintained, but it limits the mobilization of funds under the umbrella of such organizations.
With these actions they violated the provisions of Law No. 147, "General Law Regarding Non-Profit Legal Entities", therefore, the National Assembly, in strict adherence to the procedure established in the Arto. 24 of the aforementioned Law, canceled legal personalities.
The representatives of said organizations have made use of the legal recourses, that the Law provides them, to proceed against the cancellation resolution of the legal entities, while appeals filed by them are in course.
- Investigations against police or civilians
Through the competent bodies of the State, we have proceeded to the investigation of the acts of violence that occurred as of April 18, 2018, in full compliance with the principles of objectivity, legality and proportionality, and we have filed charges against those persons with sufficient evidence to prove in court their participation in serious criminal acts.
The actions of the competent authorities are based on the analysis of the evidence gathered during the investigation in compliance with international standards, as well as the strict observance of the human rights of individuals.
In accordance with the principle of non- discrimination, the investigative and criminal proceedings are processed taking into account the events that occurred and their results. The belonging of a person to a political group or its connection with it is not part of the investigation; The perpetrators and participants of the actions and the affectation to the legal assets are investigated, regardless of the political, social and economic condition of the same.
Under this general principle of law, the investigations carried out within the aforementioned context include the verification of all those who are involved or appointed in order to determine, based on the means of proof, whether they have criminal responsibility for these facts.
- Law for a Culture of Dialogue
The State of Nicaragua, in its effort to promote a culture of dialogue, peace and hope, approved Law N° 985 "Law for a Culture of Dialogue, Reconciliation, Security, Labor and Peace", which is in full force and effect. It points to the unity of Nicaraguan families and the development of the country through consensus.
This Law was the result of a broad consultation process. Its draft was put to the consideration of the population over more than three months, and the criteria of the families as well as social, community and religious leaders were included to enrich it.
- Negotiation Table
The Government of Reconciliation and National Unity has an unwavering commitment to continue advancing towards the Understanding, Peace and Harmony of Nicaraguan Families, for which President Daniel Ortega Saavedra convened a Negotiation process on February 21, which started on February 27, when the Negotiation Table for Understanding and Peace was established.
The negotiations have been accompanied by the Representative of the Holy See and the Secretary General of the OAS, in their capacity as Witnesses and International Companions and have produced important results and concrete commitments.
The Government of Reconciliation and National Unity remains firm in its Will to reach consensus on the agenda items approved by the Delegates before the Negotiation Table; advance in the fulfillment of the agreements signed; and continue talking with the counterpart to reach new agreements and implementation proposals.
Closing
The Government of Reconciliation and National Unity has been committed to the Universal Human Rights System, as well as its mechanisms, proof of this is that we have appeared in this third cycle of our Universal Periodic Review, just as we did in the first and second cycle in the year 2010 and 2014, respectively.
We have shared with you the advances in the restitution of the rights of the Nicaraguan people, and the implementation of the recommendations that the countries have given us in the two previous cycles.
We reiterate our political will to continue working in the fight against poverty, peace and well-being of Nicaraguans.
We thank all the Honorable Delegations that interacted in this constructive dialogue and their interest shown by the current development of Human Rights in Nicaragua.
Thank you very much.