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A/HRC/WGAD/2021/58

Opinion No. 58/2021 concerning José Santos Sánchez Rodríguez (Nicaragua)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2021-11-19 · en UN

Opinion; Subjects: NICARAGUA, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.22-28666 (E) 310323 310323

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its ninety-second session, 15–19 November 2021

Opinion No. 58/2021 concerning José Santos Sánchez Rodríguez

(Nicaragua)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 42/22.

2.

In accordance with its methods of work, on 14 May 2021 the Working Group

transmitted to the Government of Nicaragua a communication concerning José Santos

Sánchez Rodríguez.1 The Government has not replied to the communication. The State is a

party to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability,

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2021/58

General Assembly

Distr.: General

15 December 2022

English

Original: Spanish

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Submissions

Communication from the source

4.

José Santos Sánchez Rodríguez is a national of Nicaragua, an electrician and painter

by trade, normally resident in Masaya.

5.

The source notes that Mr. Sánchez Rodríguez was involved in the 2018 protests and

barricades in Nicaragua. He was allegedly subjected to arbitrary detention for the first time

between February and June 2019 and was released pursuant to the Amnesty Act of June 2019.

He later resumed his activism, including raising funds and distributing food for victims of

the crackdown on protests and denouncing human rights violations, which led to harassment

on the part of the authorities and the paramilitary forces.

(a)

Police detention

6.

According to the submissions, Mr. Sánchez Rodríguez was deprived of his liberty in

the early hours of 12 November 2019 at his family home in the Monimbó neighbourhood. A

dozen riot police officers, armed and masked, broke down the doors at around 4.30 a.m. and

aggressively searched the home without showing a search or arrest warrant.

7.

The officers went straight to Mr. Sánchez Rodríguez and took him to the only

bedroom in the house, where they held and intimidated him for more than 30 minutes. The

source claims that, meanwhile, the officers planted drugs in the bedroom so that they could

accuse him of drug trafficking. During this time, the other residents and relatives, including

a minor, were held at gunpoint. The source notes that the police did not explain to the relatives

what was happening. The head of the operation (the only officer with his face uncovered)

allegedly forced one of the relatives to sign a piece of paper without allowing the person to

read the document beforehand.

8.

The officers took Mr. Sánchez Rodríguez away without informing anyone of where

he was being taken or why he was being arrested; there was no official communication of his

whereabouts. He was transferred to the Legal Cooperation Directorate (“El Chipote”, or The

Bump) in Managua, where he was allegedly held and tortured until he was brought before a

judge on 16 November 2019.

9.

According to the source, the detention order indicates that Mr. Sánchez Rodríguez

was arrested in flagrante delicto on 13 November 2019 – a day later than when he alleges the

events took place – at 12.20 p.m. for the offences of organized crime and trafficking of

narcotics, psychotropic drugs and other substances. The emergency search report and the

seizure receipt, dated 13 November, state that a bag containing 1,117.7 g of cocaine, 465.4 g

of cannabis and two mobile telephones, was found on the floor next to the bed. These

documents were not signed by the detainee, but the request for validation of the investigatory

actions, dated 13 November, notes that the evidence links Mr. Sánchez Rodríguez to an

alleged organized crime group engaged in drug trafficking. According to the source, the

charges against Mr. Sánchez Rodríguez were not officially communicated to his relatives or

to his lawyers.

10.

The source notes that, since the start of the proceedings against him, Mr. Sánchez

Rodríguez has been held at Jorge Navarro prison (“La Modelo”). Since 30 September 2020,

he has been in a punishment cell known as “El Infiernillo” (The Little Hell) located in the

maximum security wing (“La 300”).

11.

According to the source, on 18 November 2019, the Deputy Chief of the Legal

Cooperation Directorate of the National Police held a press conference at which he presented

Mr. Sánchez Rodríguez and his co-defendants, all wearing the distinctive blue prisoner

uniform, as members of a “terrorist crime group” who had allegedly carried out attacks using

industrial explosives and firearms in the Departments of Chinandega and León. The Deputy

Chief, in presenting alleged evidence, stated that the co-defendants had attempted to blow up

a bridge and demolish an electricity pylon.

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(b)

Judicial proceedings

12.

The source claims that Mr. Sánchez Rodríguez’s constitutional rights and guarantees

were systematically violated at every stage of the proceedings, which were characterized by

irregularities and blatant partiality, as illustrated by the fact that he was brought before a

judge after the 48-hour period prescribed in international law. When the defence lawyers

raised this point at the preliminary hearing, the judge dismissed it, stating that it was not the

judiciary’s responsibility.

13.

The case was transferred, without justification, to the Fifth District Criminal Court of

Managua even though the offence, arrest and preliminary judicial proceedings took place in

Masaya. Transfer of jurisdiction to the capital is usually reserved for cases of national

interest, which does not apply here, but it is the typical pattern in cases where individuals

seen as opponents of the regime are detained and tried.

14.

At the preliminary hearing on 16 November 2019, the judicial authorities ordered Mr.

Sánchez Rodríguez’s placement in pretrial detention and raised the case to the level of

“complex proceeding”, which allows for up to a year of pretrial detention. When presenting

the charges before the judge at the preliminary hearing, the prosecution referred only to the

offence of trafficking of narcotics, psychotropic drugs and other controlled substances. The

Public Prosecution Service charged Mr. Sánchez Rodríguez with being a member of an

alleged drug trafficking ring. The other co-defendants were allegedly known activists who

played an active part in the 2018 protests and subsequent peaceful expressions of dissent.

15.

The judicial authorities admitted the prosecution’s evidence even though it was

submitted after the statutory 48-hour deadline. At the validation stage, the judicial authorities

validated the alleged evidence against Mr. Sánchez Rodríguez and his co-defendants despite

due process having been violated during his arrest. Validation after the fact is authorized only

in exceptional “grave and urgent” circumstances, which is why the case was elevated to a

“complex proceeding”, a classification normally reserved for charges relating to terrorism or

international organized crime.

16.

Between November 2019 and July 2020, the defence submitted at least six requests

for an emergency medical examination, which were all denied by the competent authorities.

Despite obvious injuries and a worrying deterioration in his health, Mr. Sánchez Rodríguez

has never received appropriate medical care, and the judicial authorities have rejected all

applications for alternatives to pretrial detention.

17.

The public hearing, initially scheduled for the end of March 2020, was postponed to

12 May 2020 because one of the co-defendants, who was severely ill with coronavirus disease

(COVID-19), had to be transferred. At a hearing on 5 June 2020, Mr. Sánchez Rodríguez’s

defence lawyers requested another postponement on health grounds. Although the requisite

certificates were submitted, the judge of the Second District Criminal Court terminated the

proceedings and gave the defendants less than a week to find new private counsel, failing

which they would be assigned a public defender. The practice of harassing the defence

lawyers of political prisoners, even going so far as to terminate proceedings, has been

denounced as a form of reprisals and a tactic by the judiciary to ensure that such prisoners

are represented by public defenders so as to hide irregularities in the proceedings. In Mr.

Sánchez Rodríguez’s case, a new defence lawyer was appointed on 16 June 2020.

18.

The trial of Mr. Sánchez Rodríguez and his co-defendants took place before the

Second District Criminal Court of Managua from 1 June to 13 July 2020. During the trial,

the judge rejected the witnesses and evidence put forward by the defence and dismissed the

statement by Mr. Sánchez Rodríguez’s legal adviser. In addition, the examination and cross-

examination of the witnesses by the Public Prosecution Service highlighted the contradictions

in the case and its lack of legal basis, as well as the partiality of the judge, who appeared to

raise objections and argue the case alongside the Public Prosecution Service.

19.

The source claims that the indictment and ruling were based on testimony by “Código

Uno”, a masked police officer who supposedly carried out the monitoring, surveillance,

checks and reporting in the case concerning the alleged unlawful activities. However, during

questioning, Código Uno was unable to provide any evidence of the alleged unlawful

activities. Código Uno’s testimony about the search and Mr. Sánchez Rodríguez’s arrest

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repeated the wording of the indictment. He explicitly stated that he had not overseen or been

personally witness to any of the alleged activities and that he had received information from

“confidential informants”. When the defence requested more details about the confidential

informants, Código Uno was unable to respond and the judge interjected, ordering the witness

not to respond. When pressed, Código Uno was unable to provide any further details or basic

information, such as the number of people who lived with the defendant or his usual

occupation. Código Uno did not reply to any of the defence’s questions during the cross-

examination.

20.

The source claims that the other testimony against Mr. Sánchez Rodríguez concerning

the alleged unlawful activities was unfounded. The captain and lead detective in the case

were unable to prove that the drugs supposedly found in Mr. Sánchez Rodríguez’s house

actually belonged to him. The supervisor of the on-site investigation admitted to not having

been present for the search and therefore did not witness the discovery or testing of the drugs.

The chemical expert who tested the substances confirmed that they were cocaine and

cannabis but was unable to connect the defendant to their trafficking.

21.

On 31 July 2020, Mr. Sánchez Rodríguez was sentenced to 15 years’ imprisonment

and a fine equivalent to 1,000 days’ wages (62,390 córdobas) in accordance with article 359

of the Criminal Code. The maximum penalty for drug trafficking is 15 years’ imprisonment

and a fine equivalent to 800 days’ wages. The sentence was handed down despite the fact

that witness testimony was contradictory, the evidence was inadequate or planted and the

evidence presented by the defence, which created a reasonable doubt, was dismissed. On the

day of the ruling, the judge raised aggravating circumstances in respect of the three co-

defendants with no legal basis and without giving the defence prior notice so that it could

prepare. An appeal of the sentence was lodged on 16 August 2020 but has yet to be

adjudicated.

(c)

Conditions of detention

22.

The source claims that, since his arrest on 12 November 2019, Mr. Sánchez Rodríguez

has been held in cruel and inhuman conditions. Despite suffering serious health problems,

brought on by the torture to which he was subjected during his first detention and worsened

by the torture and ill-treatment inflicted on him since his arrest in November 2019, he has

systematically been denied urgent medical care.

23.

The source notes that the cells are overcrowded, often housing more than 20 people

despite having a capacity of 8, and have only a hole for a toilet and washing area. The inmates

are served food spoiled by cockroaches and rat excrement. The source also notes that Mr.

Sánchez Rodríguez is continually subjected to intimidation and threats, including death

threats against him and his family, on the part of prison guards.

24.

At the preliminary hearing on 16 November 2019, Mr. Sánchez Rodríguez reported

suffering from extremely severe and constant headaches, vision loss, chest pain that impaired

his breathing, swelling at the temples, loss of balance and loss of consciousness. Given the

deterioration of his health, and at the request of the defence lawyer, the judicial authorities

ordered La Modelo prison and the Institute of Forensic Medicine to perform a medical

examination on Mr. Sánchez Rodríguez.

25.

At the initial hearing on 16 December 2019, the defence informed the court that the

prison authorities had ignored the order. The court transmitted a second order to the

authorities that Mr. Sánchez Rodríguez be examined as a matter of urgency. On 27 January

2020, the defence stated that the prison authorities had once again ignored the court order

and failed to provide medical care to the detainee. Accordingly, the court ordered the director

of the prison to authorize Mr. Sánchez Rodríguez’s examination by a doctor. On 29 January

2020, Mr. Sánchez Rodríguez’s legal representatives submitted a letter to the Minister of the

Interior of Nicaragua, who directs and oversees the work of prison personnel, informing her

of the situation; the Ministry has not responded.

26.

On 12 February 2020, Mr. Sánchez Rodríguez’s lawyers submitted an urgent request

for precautionary measures to the Inter-American Commission on Human Rights. The

measures requested included the application of an alternative to pretrial detention, the

protection of his right to health and physical and psychological integrity, his transfer to an

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appropriate health-care facility for the necessary treatment, an investigation into the acts of

contempt of court committed by the director of the prison, and access to medical care.

27.

Despite the defence’s requests and at least three court orders for the provision of

medical care, the prison authorities systematically disregarded their obligation to transfer Mr.

Sánchez Rodríguez for examination, thus putting his health and life in grave danger.

28.

On 30 September 2020, Mr. Sánchez Rodríguez and at least two other inmates of “La

Modelo” sewed their mouths shut in protest. They began a hunger strike along with 50 other

inmates of “La Modelo” and Matagalpa prisons to denounce the ill-treatment to which they

were being subjected and demand their release. In reprisal, he was transferred to one of the

punishment cells known as “El Infiernillo” located in “La 300” maximum security wing,

where he continues to be held in particularly inhuman conditions and subjected to both

physical and psychological torture.

29.

The source submits that on 15 October 2020, a representative of the Red Cross went

to the prison and, during an interview with Mr. Sánchez Rodríguez, asked whether he was on

a hunger strike and had sewn his mouth shut. The source notes that Mr. Sánchez Rodríguez

was forced to lie and reply to the questions in the negative because, prior to the visit, prison

personnel had threatened to kill him and plant drugs on his relatives if he spoke about the

hunger strike and sewn lips. Later that same day, Mr. Sánchez Rodríguez was reportedly

violently beaten by prison personnel causing him to lose consciousness. He was not given

medical attention.

30.

On 15 October 2020, the authorities of “La Modelo” began to pressure the relatives

of political prisoners into signing a document stating that their relatives were in “perfect

physical and psychological health”. When they refused to do so, they were warned that visits

and delivery of parcels (food and medicine) would be suspended.

31.

On 20 October 2020, after the President denied the reports of ill-treatment and torture

against persons deprived of their liberty, emphasizing that the prison’s doors were always

open to the families of inmates and inviting them to visit their detained relatives as proof that

the reports were lies, Mr. Sánchez Rodríguez’s defence lawyers and relatives travelled to the

prison to request a visit to see the conditions of detention and ascertain his physical integrity

in accordance with articles 47 and 75 of Act No. 473. However, the prison authorities and

the Ministry of the Interior refused to meet with them. When they returned to “La Modelo”

the next day, they were unable to approach the facility because it was encircled by guards

and civilians who intimidated them and photographed and noted down licence plates, forcing

them to leave the area. The source notes that human rights organizations have not been

authorized by the Government to enter detention centres since 2017.

32.

According to the source, the Government responded to the COVID-19 public health

crisis by imposing greater restrictions on the civic space and persecuting individuals,

including health-care professionals, who disseminated information about the situation.

Regarding political prisoners, it was reported that insufficient prevention measures were

being taken in prisons, for instance to address the poor detention conditions, overcrowding

and the systematic denial of medical attention. In May 2020, the Government reportedly

granted release under the family reunification scheme to 4,515 prisoners to reduce

overcrowding but never indicated that the move was linked to efforts to prevent the virus

from spreading in detention centres. However, human rights organizations did not record the

release of any political prisoners under the scheme even though some, like Mr. Sánchez

Rodríguez, were particularly vulnerable.

(d)

Context and background

33.

According to the source, Mr. Sánchez Rodríguez took part in the protests in Nicaragua

from April 2018 and was active in erecting barricades around his neighbourhood. In this

context, the National Police and the police intelligence unit, with the support of the Sandinista

National Liberation Front, conducted intelligence operations to identify and locate

individuals involved in the various highway blockades. From that point, to avoid persecution,

Mr. Sánchez Rodríguez had to go into hiding, and members of his family, including one

minor, were subjected to acts of intimidation.

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34.

On 18 February 2019, while Mr. Sánchez Rodríguez was at a relative’s farm, a group

of more than 70 heavily armed National Police and paramilitary officers, in 14 trucks, raided

the property, holding all those present, including women and children, at gunpoint and

threatening them. Mr. Sánchez Rodríguez and four of his relatives, including a boy of 16,

were dragged behind the house, forced to the ground, handcuffed and beaten. Mr. Sánchez

Rodríguez’s left shoulder was dislocated, his mouth, ears and nose were stuffed with earth

and an officer broke his ribs while women officers beat him on the arms, legs and feet with

rifles.

35.

At dawn, 10 armed police officers dragged Mr. Sánchez Rodríguez to another area of

the property, forced him to dig a ditch and told him they would bury him in it. An officer

loaded a weapon and pointed it at Mr. Sánchez Rodríguez’s chest and pulled the trigger,

which jammed. They then tied a rope to his right leg, bound his hands and feet and dragged

him across an empty lot. They continued to torture him, hitting him repeatedly on the head

with a weapon while interrogating him about who was paying him and financing his

activities. They subsequently took him to a laboratory, where they continued to interrogate

and beat him even when he could no longer stand. They later brought him to the Legal

Cooperation Directorate (“El Chipote”), where they had to drag him to a cell because he was

unable to walk. He was not given medical attention.

36.

Mr. Sánchez Rodríguez was held at “El Chipote” from 18 February to 1 May 2019

without being formally charged or tried. On 1 May 2019, he was charged with the offence of

terrorism and imprisoned at “La Modelo”, where he was placed in a punishment cell under

continual intimidation and threat by the guards. He never received medical assistance. Mr.

Sánchez Rodríguez was not taken to his hearing of 23 May 2019 and was released without

explanation on 10 July 2019 pursuant to the Amnesty Act.

37.

The source notes that Mr. Sánchez Rodríguez’s physical and psychological trauma

resulting from his first detention is severe and long-lasting. The level of brutality, together

with the lack of medical attention for several months, gave rise to an inhuman and unhealthy

situation. His symptoms include debilitating chronic pain, constant nausea, vision loss,

breathing difficulties and swollen temples. A medical examination revealed rib fractures on

his left side, skull injuries, a herniated disc, vision trouble in the left eye and the need for

nasal surgery.

38.

After his release in June 2019, Mr. Sánchez Rodríguez reported ongoing threats and

harassment by the police. Two units were continuously stationed at his house. Police officers

and civilians filmed, photographed and threatened him and his family, essentially forcing him

to remain imprisoned in his home in a constant state of anxiety and fear. He was dismissed

from his job as an electrician at a hospital, his academic record was expunged and his

professional certificate was revoked in reprisal for his involvement in the protests. After his

release pursuant to the Amnesty Act, Mr. Sánchez Rodríguez continued to take part in the

peaceful protests and repeatedly reported intimidation by the police and paramilitary forces

up to two days before his arrest.

39.

On 5 September 2019, Mr. Sánchez Rodríguez reported the torture and other human

rights violations to which he had been subjected during his first detention to a non-

governmental human rights organization and mentioned the names of some of those

responsible.

40.

At around 10.30 a.m. on 22 September 2019, masked riot police and civilians forced

their way into Mr. Sánchez Rodríguez’s house without a warrant. An officer put him in a

white truck and headed to Managua. In the truck, the officers accused him of building bombs

and asked where he had laid them and where he was hiding the weapons. They threatened to

take him to “El Chipote” to be tortured as they had during his first detention. He denied any

involvement in the alleged construction of bombs.

41.

During this detention, Mr. Sánchez Rodríguez was not taken to a police station or to

“El Chipote”. Rather, he was taken via Managua to the rim of the Masaya volcano, where the

officers continued interrogating him for 90 minutes, asking where the bombs were and who

was paying him, and threatened to throw him into the crater if he continued to make public

denunciations. They released him that night, with a warning against lodging a complaint

about the incident with a human rights organization or informing the media and against taking

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part in civil disobedience as he had been seen doing. Mr. Sánchez Rodríguez nonetheless

reported the events to a non-governmental human rights organization and related the incident

at a press conference.

42.

A few days before his current deprivation of liberty, Mr. Sánchez Rodríguez

participated in an event at San Miguel Arcángel church in Masaya to show support to those

who remained imprisoned and express solidarity with the victims of the repression and their

families. On 14 November 2019, the church was the target of serious attacks by pro-

Government mobs. Against this backdrop, a group of activists who tried to take water and

medical supplies to those inside the church were arbitrarily detained and accused of arms

trafficking and other serious offences.

43.

Mr. Sánchez Rodríguez’s detention took place amid the persecution of individuals

who were perceived to oppose the Government or who had been released from prison. In the

days prior to his detention, some former prisoners reported an increase in intimidation and

detentions, with police officers explicitly threatening to “plant drugs on them” and rearrest

them if they did not stop protesting against the Government.

(e)

Claims of arbitrary detention

44.

The source submits that Mr. Sánchez Rodríguez’s detention is arbitrary and falls under

categories I, II, III and V of the Working Group. It notes that he was detained, convicted and

tortured on account of his political views and civic activities and in reprisal for having

publicly revealed information on his two prior detentions, including the names of officers

involved in his torture.

45.

Mr. Sánchez Rodríguez’s arrest, detention and trial illustrate the persecution to which

individuals who took part in the marches and expressed their opposition to the Government

have been subjected. His case shows that former political prisoners who were detained at

some point between April 2018 and June 2019 and released pursuant to the Amnesty Act

were specifically targeted for repression and criminalization.

46.

Following his release in June 2019, Mr. Sánchez Rodríguez was the victim of constant

harassment and threats on the part of the police and pro-Government groups, to the point that

he could not leave the house out of fear for his life and safety. Despite the threats, he

continued to openly criticize the Government and denounce the abuse and violations

committed against him, his family and other dissidents. He was active in peaceful expressions

of resistance, such as meetings with other former opposition prisoners, acts of solidarity with

victims and “flash picketing”, one of the only forms of protest possible given that peaceful

marches had been essentially banned since September 2018.

47.

In September 2019, two months before his arrest, Mr. Sánchez Rodríguez lodged a

complaint with a human rights organization describing his initial detention in February 2018,

the torture and ill-treatment to which he was subjected during his arrest and throughout his

deprivation of liberty, as well as the ongoing police harassment since his release. Two weeks

later, he was detained and threatened by police officers, who warned him against taking part

in any other protests and talking about what had happened. Despite the threats, Mr. Sánchez

Rodríguez publicly denounced the incident and lodged a second complaint. Up to the day of

his third detention, Mr. Sánchez Rodríguez continued to report the harassment and threats to

which he was being subjected by the police and paramilitary forces.

48.

In the source’s view, it is obvious that Mr. Sánchez Rodríguez was persecuted and

arbitrarily detained for exercising his fundamental right to freedom of expression, freedom

of opinion, freedom of peaceful assembly and freedom of association enshrined in articles

12, 13, 19 and 20 of the Universal Declaration of Human Rights and articles 17, 18, 19, 21

and 22 of the Covenant.

49.

The source claims that his detention on 12 November 2019 violated article 33 of the

Constitution, articles 3, 7, 8, 9 and 12 of the Universal Declaration of Human Rights and

articles 9, 14 and 17 of the Covenant.

50.

Article 95 of the Code of Criminal Procedure establishes that detainees can

communicate with their relatives within three hours of being detained and must be informed

of the reasons for their detention. Article 256 stipulates that persons must be brought before

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a judge within 48 hours of their detention. In Mr. Sánchez Rodríguez’s case, following his

arrest at home on 12 November 2019, he was taken to “El Chipote” without his relatives or

lawyers being formally notified. It was not until four days later, at the preliminary hearing of

16 November 2019, that Mr. Sánchez Rodríguez was brought before a judge and formally

charged with the offence of drug trafficking, alongside three other individuals, all known to

be opponents of the Government.

51.

The source claims that there were clear violations of constitutional rights, due process

guarantees, the right to an impartial and independent trial, the rights of the defence and the

principle of the presumption of innocence during the proceedings, in contravention of articles

10 and 11 of the Universal Declaration of Human Rights and articles 9, 10 and 14 of the

Covenant.

52.

Mr. Sánchez Rodríguez’s right to the presumption of innocence was violated when he

was presented during a police press conference on 18 November 2019, dressed in a blue

uniform and described as a member of a terrorist group engaged in the construction and

planting of explosive devices. Those allegations were never a part of his and his co-

defendants’ trial.

53.

The judicial authorities committed serious violations of their duty of impartiality and

objectivity. The search, seizure and detention were carried out without the necessary

warrants, which should have rendered the evidence gathered during the arrest inadmissible

for failing to meet statutory requirements. Yet, the investigative actions were validated after

the fact on the basis of the claim that they had been conducted as a matter of urgency.

54.

The trial took place in Managua even though the alleged events and Mr. Sánchez

Rodríguez’s arrest happened in Masaya. This constitutes a supplanting of the judge duly

appointed by law, in violation of article 34 (2) of the Constitution and article 22 (1) of the

Code of Criminal Procedure. In addition, the case was elevated to a “complex proceeding”,

which allows for longer procedural deadlines and up to 1 year of pretrial detention. The

“complex proceeding” classification is reserved for terrorism and organized crime cases.

Furthermore, the public hearing was marred by procedural irregularities, including constant

interventions by the judiciary and undue influence in the examination and cross-examination,

with the judge assigning herself prosecutorial functions, which in this case belonged to the

Public Prosecution Service.

55.

The Public Prosecution Service, despite significant contradictions among its

witnesses, the insufficient evidence, the unlawful admission of evidence and the breach of

the principle of objectivity, sought a conviction with the maximum sentence even though

there was no legal basis for this in the circumstances.

56.

Despite the absence of a legal basis or sufficient evidence, and the submission of

exculpatory evidence that raised a reasonable doubt as to Mr. Sánchez Rodríguez’s guilt, the

judge handed down an unfair and unfounded conviction and imposed the maximum sentence

for the offence, in violation of procedural rules on the reasoning of judgments.

57.

The source claims that the conditions of detention violate various human rights

obligations undertaken by Nicaragua, including those under articles 3, 5 and 25 of the

Universal Declaration of Human Rights and articles 9 and 10 of the Covenant, as summarized

in principle 6 of the Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment, which establishes that no person under any form of detention or

imprisonment should be subjected to torture or to cruel, inhuman or degrading treatment or

punishment. The source notes that Mr. Sánchez Rodríguez’s transfer to a punishment cell in

the maximum security wing was arbitrary and was done in reprisal for his participation in the

hunger strike initiated by a number of inmates to denounce the human rights abuses and

violations committed against them and their families.

Response from the Government

58.

On 14 May 2021, the Working Group transmitted the allegations from the source to

the Government and requested detailed information by 13 July 2021 clarifying the factual

and legal grounds justifying Mr. Sánchez Rodríguez’s detention and explaining how it was

compatible with the State’s international human rights obligations.

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59.

The Working Group also called on the Government to ensure Mr. Sánchez

Rodríguez’s physical and mental integrity. In the context of the global pandemic, and in

accordance with the World Health Organization recommendations of 15 March 2020

concerning the response to COVID-19 in places of detention, the Working Group urged the

Government to prioritize the use of non-custodial measures at all stages of criminal

proceedings, including during the pretrial phase, the trial, sentencing and sentence

enforcement.

60.

The Working Group regrets that its request for information under paragraphs 15 and

16 of its methods of work has gone unanswered.

Discussion

61.

In the absence of a response from the Government, the Working Group has decided

to render the present opinion, in conformity with paragraph 15 of its methods of work.

62.

The Working Group has in its jurisprudence established the ways in which it deals

with evidentiary issues. If the source has established a prima facie case for breach of

international requirements constituting arbitrary detention, the burden of proof should be

understood to rest upon the Government if it wishes to refute the allegations.2 In the present

case, the Government has chosen not to challenge the prima facie credible allegations made

by the source.

63.

The Working Group recalls that even where the detention is in line with national

legislation, regulations and practices, its mandate is to determine whether the detention is

compatible with the relevant provisions of international human rights law. It is therefore

necessary to assess the judicial procedures and national law to determine whether they meet

the standards protecting the right to personal liberty.

Category I

64.

The source claims that Mr. Sánchez Rodríguez’s detention is arbitrary under category

I. The source notes that, when they searched his home, the police officers did not show an

arrest warrant or justify his detention; moreover, they held the rest of the family at gunpoint.

Mr. Sánchez Rodríguez was not informed of the reasons for his detention, the judicial

remedies for contesting the lawfulness of his deprivation of liberty or his right to a lawyer of

his choosing. This conduct by the Nicaraguan authorities constitutes a violation of article 9

(2) of the Covenant and principles 7 and 9 of the United Nations Basic Principles and

Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty

to Bring Proceedings Before a Court. The source also argues that the conduct contravenes

article 33 (1) of the Constitution, which establishes that: “detention may only be carried out

by written order of the competent judge or of the authorities expressly empowered by law,

except in cases of flagrante delicto.”

65.

The Working Group is concerned that Mr. Sánchez Rodríguez was disappeared for

four days, since it is guaranteed that all persons arrested on a criminal charge shall be brought

promptly before a judge, within no more than 48 hours, in order to exercise their right to a

defence.3 It should be recalled that enforced disappearances violate a number of substantive

and procedural provisions of the Covenant and are deemed to constitute a particularly

aggravated form of arbitrary deprivation of liberty.4 Accordingly, the Working Group hereby

refers the present case to the Working Group on Enforced or Involuntary Disappearances.

66.

The Working Group recalls that, according to the United Nations Basic Principles and

Guidelines on Remedies and Procedures on the Right of Anyone Deprived of Their Liberty

to Bring Proceedings Before a Court, the right to challenge the lawfulness of detention before

a court is a self-standing human right, the absence of which constitutes a human rights

violation.5 The State must guarantee the effective exercise of this fundamental safeguard of

2 A/HRC/19/57, para. 68.

3 See opinions No. 6/2017, No. 30/2017, No. 49/2019, No. 60/2020 and No. 66/2020. See also Human

Rights Committee, general comment No. 35 (2014), para. 33.

4 Human Rights Committee, general comment No. 35 (2014), para. 17.

5 A/HRC/30/37, para. 2.

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personal liberty in all situations of deprivation of liberty, without delay or exception.6 This

right applies to all forms of deprivation of liberty, including detention in the context of

counter-terrorism measures.7 Mr. Sánchez Rodríguez has been continuously denied these

rights and safeguards.

67.

The source notes that, although the detention report indicates that Mr. Sánchez

Rodríguez was arrested in flagrante delicto on 13 November 2019 at 12.20 p.m., a day later

than when he alleges the events took place, for offences relating to organized crime and

trafficking of narcotics and psychotropic drugs, the Government has not provided any

evidence to support the claim of flagrancy. It should be noted that the Inter-American Court

of Human Rights has ruled on several occasions that requirements for in flagrante arrest

cannot simply be assumed to be met but must be proven by the authorities, which they were

not in the present case.8

68.

The Working Group is persuaded that Mr. Sánchez Rodríguez’s pretrial detention

constitutes a violation of the rule of international law providing that such detention should be

a preventive measure of last resort – the exception, not the rule.9 In other words, pretrial

detention must be an exceptional measure taken in the interest of justice, and accused persons

must be released when there are means of guaranteeing that they will appear for trial and

serve their sentence.

69.

The source notes that Mr. Sánchez Rodríguez remains imprisoned at the Jorge

Navarro prison in a punishment cell known as “El Infiernillo”, located in “La 300” maximum

security wing, to which he was transferred in reprisal for taking part in a hunger strike to

secure his release and denounce the ill-treatment he is being subjected to in prison.

70.

The Working Group considers that the source has presented a credible prima facie

case that Mr. Sánchez Rodríguez was subjected to torture and ill-treatment. This conduct

violates the absolute prohibition of torture as a peremptory norm of international law, as well

as article 5 of the Universal Declaration of Human Rights, article 7 of the Covenant and

articles 2 and 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment. The Working Group hereby refers this case to the Special

Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.

71.

The violations of the safeguards of the right to personal liberty in Mr. Sánchez

Rodríguez’s case lead the Working Group to find that the detention is arbitrary under

category I, as it lacks any legal basis.

Category II

72.

The Working Group stresses that everyone has the right to freedom of expression,

which includes the right to impart information and ideas of all kinds, whether orally or in any

other form. The Working Group is of the view that freedom of opinion and freedom of

expression are indispensable prerequisites for the full development of the person and

constitute the cornerstone of free and democratic societies.10 Both freedoms are the basis for

the effective exercise of a wide range of human rights, such as the right to political

participation, enshrined in article 21 of the Universal Declaration of Human Rights and article

25 of the Covenant.11

73.

The importance of freedom of opinion is such that no government may impair other

human rights on the basis of a person’s actual or perceived opinions, whether of a political,

scientific, historical, moral, religious or any other nature. Consequently, it is incompatible

with the Universal Declaration of Human Rights and the Covenant to criminalize the holding

6 Ibid., para. 3.

7 Ibid., annex, para. 47 (a).

8 Opinion No. 9/2018, para. 38. See also Inter-American Court of Human Rights, Gutiérrez Soler v.

Colombia, judgment of 12 September 2005, Series C, No. 132; and García Asto and Ramírez Rojas v.

Peru, judgment of 25 November 2005, Series C, No. 137.

9 A/HRC/19/57, paras. 48–58; opinions No. 5/2019, para. 26; No. 62/2019, paras. 27–29; and

A/HRC/37/6, paras. 118.31–118.33.

10 Human Rights Committee, general comment No. 34 (2011), para. 2.

11 Ibid., para. 4.

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of an opinion; equally, the harassment, intimidation or stigmatization of a person are not

permitted, including through arrest, pretrial detention, trial or imprisonment for reasons of

the opinions he or she may hold.12

74.

The Working Group is persuaded that Mr. Sánchez Rodríguez was detained and tried

following a long campaign of harassment and persecution – not only against him but also

against his family – for exercising his right to freedom of expression, freedom of opinion and

freedom of association and his right to participate in his country’s political life.

75.

Mr. Sánchez Rodríguez was detained on account of his criticism of the Government

expressed from April 2018 onward and his identification as an opponent of the Government

by the National Police and the police intelligence unit, which conducted surveillance to

identify and locate persons who opposed the Government. Since then, Mr. Sánchez

Rodríguez has had to flee persecution by public officials and go into hiding. He has also been

dismissed from his job, his academic records have been expunged and his professional

certificate was revoked in reprisal for participating in the protests and for being openly critical

of the Government.

76.

The Working Group considers that Mr. Sánchez Rodríguez’s detention results from

his activities in the exercise of his fundamental right to freedom of expression, freedom of

opinion, freedom of peaceful assembly and freedom of association, which is contrary to

articles 19 to 21 of the Universal Declaration of Human Rights and articles 19, 21, 22 and 25

of the Covenant and is therefore arbitrary under category II.

Category III

77.

In the light of the finding concerning category II, the Working Group considers that

there are no grounds for Mr. Sánchez Rodríguez’s detention and trial. However, in view of

the claims made by the source, the Working Group will proceed to analyse whether, in the

course of the judicial proceedings, the components of a fair, independent and impartial trial

were respected.

78.

As stated above, the Working Group is persuaded that, during Mr. Sánchez

Rodríguez’s detention, his right to be informed of the reasons for the arrest, to be promptly

served with an arrest warrant, to be brought promptly before a judge, to have access to a court

to verify the lawfulness of the detention, and to not be subjected to pretrial detention were

not respected, in contravention of article 9 of the Covenant.

Presumption of innocence

79.

Article 11 (1) of the Universal Declaration of Human Rights and article 14 (2) of the

Covenant recognize the right of all persons charged with a criminal offence to be presumed

innocent. This right imposes an obligation on all State institutions to treat persons accused of

a criminal offence as innocent until a judgment beyond any reasonable doubt has been handed

down.

80.

This right requires the authorities, including the executive branch, to refrain from

prejudging the outcome of a trial, which entails abstaining from making public statements

affirming the guilt of the accused.13 The Inter-American Court of Human Rights has stated

that “the right to be presumed innocent requires the State to refrain from informally

convicting a person or making public declarations regarding his or her guilt, thereby shaping

public opinion, so long as the person’s guilt has not been proven according to law. This right

can be violated by the judges in charge of the proceedings or indeed by other public

authorities, who therefore have a duty to exercise discretion and caution when making public

12 Ibid., para. 9.

13 Human Rights Committee, general comment No. 32 (2007), para. 30; and Kozulina v. Belarus

(CCPR/C/112/D/1773/2008), para. 9.8.

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statements regarding criminal proceedings before the person has been tried and a verdict has

been reached.”14

81.

The Working Group has affirmed that public statements openly condemning an

accused person before a sentence has been passed violate the principle of presumption of

innocence and constitute undue interference that undermines the independence and

impartiality of the court.15 In other words, statements in which public officials identify a

detainee as responsible for an offence before the person has been tried, thus making the public

believe in the person’s guilt and influencing or prejudicing the competent judicial authorities’

weighing of the facts, violate the right to the presumption of innocence.16

82.

The Working Group received convincing information from the source, which the

Government has not refuted, that at a press conference on 18 November 2019, the Deputy

Chief of the Legal Cooperation Directorate of the National Police presented Mr. Sánchez

Rodríguez and his co-defendants, dressed in the distinctive blue uniform worn by prisoners

in Nicaragua, as members of a “terrorist crime group” who allegedly committed attacks using

industrial explosives and firearms in the Departments of Chinandega and León. The Deputy

Chief stated that the co-defendants had attempted to blow up a bridge and demolish an

electricity pylon in the town of La Paz Centro. At the press conference, the police also

presented a group of 16 activists who had been arrested at San Miguel Arcángel church in

Masaya on 14 November 2019.17

83.

In the light of Mr. Sánchez Rodríguez’s presentation before the media dressed in a

prisoner’s uniform, the statements about his guilt made before the trial by the police and the

automatic imposition of pretrial detention, the Working Group considers that the right to be

presumed innocent and to be treated as such, in keeping with article 11 of the Universal

Declaration of Human Rights and article 14 of the Covenant, was violated.

Competent, impartial and independent tribunal

84.

According to article 14 (1) of the Covenant, everyone is entitled to a fair hearing by a

competent, independent and impartial tribunal in the determination of any criminal charge

brought against him or her. The Working Group considers that the requirement of impartiality

demands that judges must not allow their judgment to be influenced by personal bias or

prejudice, nor harbour preconceptions about the particular case before them, nor act in ways

that promote one party’s interests over those of the other. The tribunal must also appear to be

a reasonable observer to be impartial.18

85.

In this context, the Working Group recalls its consistent jurisprudence according to

which, where national law expressly assigns competence to the court of the jurisdiction where

an offence was allegedly committed, it is a violation of the right to be tried by the competent

or duly appointed judge for an accused to be tried for criminal offences committed outside a

court’s jurisdiction.19

86.

Based on the information received, which the Government has not disputed, the

Working Group is persuaded that, under national law, it is the court located where an offence

was committed that is competent to adjudicate the case. In this regard, the Working Group

14 Pollo Rivera et al. v. Peru, judgment of 21 October 2016, Series C, No. 319, para. 177. Also see Tibi

v. Ecuador, judgment of 7 September 2004, Series C, No. 114, para. 182; and J. v. Peru, judgment of

20 November 2014, Series C, No. 275, paras. 244–247. Similar language appears in the findings of

the European Court of Human Rights in the cases of Allenet de Ribemont v. France, judgment of 10

February 1995, para. 41; Daktaras v. Lithuania, judgment of 10 October 2000, para. 42; Petkov v.

Bulgaria, para. 91; Peša v. Croatia, judgment of 8 April 2010, para. 149; Konstas v. Greece,

judgment of 24 May 2011, paras. 43 and 45; Algirdas Butkevičius v. Lithuania, judgment of 14 June

2022, para. 53; Kuzmina and Others v. Russia, judgment of 20 April 2021, para. 96; and Ismoilov and

Others v. Russia, judgment of 24 April 2008, para. 161.

15 See opinions No. 90/2017, No. 76/2018 and No. 89/2018.

16 See opinions No. 6/2019 and 12/2019.

17 Opinion No. 21/2020, para. 28.

18 Human Rights Committee, general comment No. 32 (2007), para. 21.

19 Opinions No. 28/2014, para. 46; No. 30/2014, para. 51; No. 1/2015, paras. 31 and 34; No. 6/2019,

para. 135; No. 12/2019, para. 121; and No. 43/2019, para. 77.

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notes that a preliminary hearing, at which Mr. Sánchez Rodríguez was formally charged with

the offence of weapons trafficking, was held on 18 November before the Fifth District

Criminal Court of Managua, even though he was arrested for that offence in Masaya. The

source stressed that the transfer of jurisdiction to the capital is reserved for cases of national

import, which does not apply in the present case.

87.

Furthermore, the Working Group notes that the case was treated as a complex

proceeding, a mechanism allowing for up to a year’s pretrial detention that is reserved for

charges relating to terrorism and international organized crime. Accordingly, the Working

Group underscores that the court that adjudicated the case against Mr. Sánchez Rodríguez

was not competent to do so, which violated his right to be tried by a duly appointed judge, in

contravention of article 14 (1) of the Covenant. The facts presented by the source, and

unrefuted by the Government, constitute an example of a trend whereby, in the name of

counter-terrorism efforts, suspects are detained without due process. In the light of the

foregoing, the Working Group hereby refers the case to the Special Rapporteur on the

promotion and protection of human rights and fundamental freedoms while countering

terrorism.

88.

As the Working Group has pointed out, holding persons incommunicado violates their

right to challenge the lawfulness of detention before a court under article 9 (3) and (4) of the

Covenant. Judicial oversight of detention is a fundamental safeguard of personal liberty and

is essential in order to ensure that detention has a legal basis. Given that Mr. Sánchez

Rodríguez was unable to challenge his detention before a court, his right to an effective

remedy under article 8 of the Universal Declaration of Human Rights and article 2 (3) of the

Covenant has been violated.20

89.

The Working Group notes that the judgment, in which Mr. Sánchez Rodríguez was

sentenced to 15 years’ imprisonment and a fine equivalent to 1,000 days’ wages, was handed

down on 31 July 2020 despite the fact that some witnesses had contradicted each other,

unlawfully obtained evidence had been admitted, the defence’s evidence that raised a

reasonable doubt as to the defendant’s guilt had been dismissed and the judge had introduced,

on the day sentence was handed down, baseless aggravating circumstances against the three

co-defendants without giving the defence prior notice in order to prepare. Moreover, an

appeal was lodged, but a decision remains pending. In view of the circumstances, the

Working Group has decided to refer the present case to the Special Rapporteur on the

independence of judges and lawyers for appropriate action.

90.

In the light of the foregoing, the Working Group considers that, in the case of Mr.

Sánchez Rodríguez, fair trial guarantees under articles 9 and 10 of the Universal Declaration

of Human Rights and articles 9 and 14 of the Covenant were seriously violated, rendering his

detention arbitrary under category III.

Category V

91.

The Working Group has been persuaded that, through his activities as a social activist

and human rights defender, Mr. Sánchez Rodríguez was identified as a supposed terrorist and

opponent of the regime, which in turn hindered the exercise of his human right to an adequate

defence and due process.

92.

The Working Group considers that Mr. Sánchez Rodríguez’s detention took place in

a context of persecution and harassment against individuals identified as opponents of the

regime whom, according to the source, the police threatened to “plant drugs on” and re-detain

so that they would cease their activism. This amounts to discrimination on account of their

political views. Accordingly, the Working Group finds that the safeguard under article 7 of

the Universal Declaration of Human Rights and articles 2 and 26 of the Covenant was

violated, rendering the detention arbitrary under category V.

20 See opinions No. 45/2017, No. 46/2017, No. 79/2017, No. 11/2018 and No. 35/2018.

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Final considerations

93.

According to the information received, which the Government has not refuted, Mr.

Sánchez Rodríguez was detained and tortured on more than one previous occasion. The

preceding detention lasted from 18 February to 1 May 2019, during which time he remained

imprisoned without charge and was continually tortured. On that occasion, he was charged

with terrorism and imprisoned at La Modelo prison, where he was held in a punishment cell

and was subjected to constant intimidation and threats by the guards. He never received

medical attention. He was released without explanation on 10 June 2019 pursuant to the

Amnesty Act. The source indicates that Mr. Sánchez Rodríguez’s physical and psychological

trauma is severe and long-lasting owing to the brutality of the acts to which he was subjected,

as well as the fact that he was held in inhuman and unhygienic conditions for months without

receiving medical care. At the time of his release, he experienced chronic, debilitating

headaches, constant nausea, vision loss, difficulty breathing, swelling at the temples, several

broken ribs, skull injuries, a herniated disc and vision trouble in his left eye and he required

nose surgery. In view of the circumstances, the Working Group hereby refers the present case

to the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health.

94.

Given the conditions of detention, the complete lack of medical attention – despite the

defence filing at least six requests for an urgent medical examination between November

2019 and July 2020 – and the allegations of torture and other cruel, inhuman or degrading

treatment, the Working Group, under paragraph 33 (a) of its methods of work, hereby refers

the present case to the Special Rapporteur on torture and other cruel, inhuman or degrading

treatment or punishment.

95.

In addition, the Working Group is aware that Mr. Sánchez Rodríguez repeatedly

reported to various non-governmental human rights organizations the ongoing harassment,

threats and bullying on the part of the police and the presence of officials and police officers

who filmed, photographed and threatened him and his family, essentially forcing him to

remain a prisoner in his own home in a constant state of anxiety and fear. For this reason, the

Working Group has decided to bring the present case to the attention of the Special

Rapporteur on the situation of human rights defenders and the Special Rapporteur on the

promotion and protection of the right to freedom of opinion and freedom of expression.

96.

Lastly, in order to establish a direct, constructive dialogue with the authorities of the

three branches of government, representatives of civil society and detainees, with the aim of

gaining a better understanding of the situation of deprivation of liberty in the country, the

Working Group suggests that the Government may wish to consider inviting it to make a

country visit. The Working Group recalls that on 26 April 2006, Nicaragua extended an open

invitation to the special procedures of the Human Rights Council and that the Working

Group’s most recent visit to Nicaragua was from 15 to 23 May 2006.21

Disposition

97.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of José Santos Sánchez Rodríguez, being in

contravention of articles 3, 7, 8, 9, 10, 11, 19, 20 and 21 of the Universal Declaration

of Human Rights and articles 9 and 14 of the International Covenant on Civil and

Political Rights, is arbitrary and falls within categories I, II, III and V.

98.

The Working Group requests the Government of Nicaragua to take the steps necessary

to remedy the situation of Mr. Sánchez Rodríguez without delay and bring it into conformity

with the relevant international norms, including those set out in the Universal Declaration of

Human Rights and the International Covenant on Civil and Political Rights.

99.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Mr. Sánchez Rodríguez immediately and

21 See A/HRC/4/40/Add.3.

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accord him an enforceable right to compensation and other reparations, in accordance with

international law.

100.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr.

Sánchez Rodríguez and to take appropriate measures against those responsible for the

violation of his rights.

101.

In accordance with paragraph 33 (a) of its methods of work, the Working Group refers

the present case to the Special Rapporteur on the right of everyone to the enjoyment of the

highest attainable standard of physical and mental health, the Special Rapporteur on torture

and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on

the situation of human rights defenders, the Special Rapporteur on the promotion and

protection of the right to freedom of opinion and freedom of expression, the Special

Rapporteur on the independence of judges and lawyers and the Working Group on Enforced

or Involuntary Disappearances, for appropriate action.

102.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

Follow-up procedure

103.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Mr. Sánchez Rodríguez has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Mr. Sánchez

Rodríguez;

(c)

Whether an investigation has been conducted into the violation of Mr. Sánchez

Rodríguez’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Nicaragua with its international obligations in line with

the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

104.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

105.

The Working Group requests the source and the Government to provide the above-

mentioned information within six months of the date of transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action would

enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

106.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.22

[Adopted on 16 November 2021]

22 See Human Rights Council resolution 42/22, paras. 3 and 7.