NICA NEWS ROUNDUP (March 21) – The Comité Pro Liberación de Presos Políticos Updates Political Prisoner List, Hours Before OrMu Agrees to Free Everyone

March 20, 2019

Nicaragua

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The Comité Pro Liberación de Presos Políticos (CPLPP) released an updated list of political prisoners this Wednesday morning. According to the CPLPP data, there are 802 prisoners of conscience in Nicaraguan prisons, as of March 19.

The number includes about 150 prisoners who have been transferred to house arrest or paroled since February 27, when the negotiations between the OrMu administration and the Alianza restarted.

The publication of the list preceded an important announcement by the OrMu administration. The government unilaterally decided “release all persons imprisoned and detained in the context of the events that have occurred since April 18th, 2018.”

Luis Angel Rosadilla, the OAS Special Envoy, and Mons. Waldemar Sommertag, the Apostolic Nuncio, were at hand to read the joint statement from the negotiators. The statement outlined the long awaited negotiation agenda, which was also finalized today. The document includes most issues put forth by the Alianza Civica, with the exception of “compliance with the recommendations of the IACHR, issued on May 21”. Furthermore, it binds both parties to call for the suspension of sanctions “in due time, and in agreement between the parties.” This last provision modifies OrMu’s agenda proposal, by including an explicit mutual agreement clause that the Alianza Civica can utilize to hold the OrMu government accountable, in case of non-compliance or bad faith.

As for the release of prisoners, the agenda states that it will be carried out “in accordance with the legal system of the country.”  However, it is unclear what that means, though Alianza negotiator, Jose Adan Aguerri, explained that the coalition’s goal is “to nullify all trials” against political prisoners.

Also unclear is how many prisoners the OrMu administration will actually recognize as eligible for release. As previously stated, the CPLPP has listed 802 individuals as prisoners of conscience. In contrast, the Inter American Human Rights Commission has documented at least 640 political prisoners. Differences between both numbers are most likely due to methodology, the inclusion of parolees and individuals under house arrest in the CPLPP’s tally, and cutoff date for data collection, which is different for both organizations.

The government’s number is 760, according to Confidencial; yet no official statement has been released on the matter as of this writing.

Reconciling the different lists, as well as the interpretation of the phrase “in accordance with the legal system of the country” are likely to be major points of contention at the negotiation, where the CPLPP has no direct representation.

What the CPLPP Data Say about Political Prisoners.

The CPLPP compiled its list using public data, gathered from two kinds of sources: (1) social media posts denouncing disappearances and/or illegal incarcerations, (2) official reports filed by family, friends, and/or citizens in general to local human rights organizations (e.g., the CPDH). These sources were utilized because the OrMu administration does not provide data on political prisoner incarcerations.

Nicaraguan Political Prisoners at a Glance

The data show that 91.3 percent of the prisoners are male, while 8,6 percent are female. The percentage of females includes four  transgender women who are housed as males at the Modelo Prison and the District VII holding facility in Managua.

The bulk of the prisoners are from Managua (234), followed in descending order by Masaya (85), Carazo (79), León (64), Matagalpa (56), Jinotega (47), Chontales (39), Estelí (27), Granada (21), Río San Juan (17), Rivas (16), RACCS (10), Boaco (9), Chinandega (9), RACCN (5), Madriz (4), Nueva Segovia (2).  In addition, 78 prisoners have no listed place of origin.

When it comes to institutions, the Modelo Penitentiary houses most of the prisoners, with 345 total, including three transgender women. The Modelo is followed by the new Dirección de Auxilio Judicial Facility (a.k.a “El Nuevo Chipote”), houses a mixed population of 76 males and 3 females. To round things off, La Esperanza Women’s Prison currently houses 20 political prisoners. One of them, Lucía Pineda Ubaú, is in an isolation cell.

In addition, several district and municipal facilities also house political prisoners. They include the jails in Jinotega, Granada, Jinotepe, Juigalpa, Leon, Masaya, and other installations.  However, there are also 146 individuals whose place of incarceration has not been confirmed.

Though the OrMu administration lists 150 political prisoners as excarcerated, CPLPP documents only 149. The legal status for most of them is unknown. Excarceration data only covers those prisoners whose status was changed since the beginning of the negotiations between the OrMu administration and the Alianza Civica, on February 27. Three male prisoners have been processed and released prior to this date.

Of the prisoners who are in custody, approximately 31 percent are detained and have yet to be charged and/or processed. However, 24.5 percent of the prisoners have been sentenced and about 45% have open trials pending. These numbers include excarcerated prisoners of conscience, as they have not had legal proceedings against them nullified.

Agreeing to release political prisoners is a major blow for the government headed by Daniel Ortega and Rosario Murillo. Both co-dictators have spent eleven months demonizing these prisoners and encouraging their bases to see them as an enemy. With an agreement in place, provisions will be necessary to ensure the safety of all those who will be released in the next 90 days. After that, the country as a whole will face a very long and difficult road that will involve reparations, reintegration, and reconciliation.

 

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