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A/HRC/WGAD/2024/48

Opinion No. 48/2024 concerning Jaime Enrique Navarrete Blandón (Nicaragua)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2024-11-15 · 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.25-01677 (E) 030325 040325

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 101st session, 11–15 November 2024

Opinion No. 48/2024 concerning Jaime Enrique Navarrete Blandón

(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 51/8.

2.

In accordance with its methods of work,1 on 27 February 2024 the Working Group

transmitted to the Government of Nicaragua a communication concerning Jaime Enrique

Navarrete Blandón. 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).

* Mumba Malila did not participate in the discussion of the case.

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2024/48

General Assembly

Distr.: General

20 February 2025

English

Original: Spanish

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1.

Submissions

(a)

Communication from the source

4.

Jaime Enrique Navarrete Blandón is a national of Nicaragua, born on 31 July 1983.

(i)

Context

5.

According to the source, prior to the detention that is the subject of the present

communication, Mr. Navarrete Blandón was detained between 15 June 2018 and

10 June 2019, in retaliation for his participation in the April 2018 anti-Government protests

in Nicaragua. During his imprisonment, he was subjected to repeated beatings that resulted

in broken ribs. He was also subjected to electric shocks, doused in gasoline and threatened

with being set on fire, burned with cigarettes on his back and had acid sprayed on his genitals

and other parts of his body. He was interrogated in the early morning for several days

regarding allegations that he was being paid by the Central Intelligence Agency of the United

States of America to destabilize Nicaragua. He was also pressured to reveal the names of

other individuals allegedly funded by the agency, as well as the identities of those allegedly

financing the protests. Police officers inserted part of the barrel of an AK-47 assault rifle into

his anus.

6.

According to the source, on 12 October 2018, the Third District Criminal Trial Court

of Managua sentenced Mr. Navarrete Blandón to 22 years in prison for aggravated murder

and an additional 9 months for the unlawful carrying of a firearm or ammunition. However,

on 10 June 2019, he was released under Amnesty Act No. 996, a government measure that

granted amnesty to numerous political prisoners. In this process, Mr. Navarrete Blandón was

both a beneficiary and a victim of the amnesty.

(ii)

Arrest and detention

7.

The source states that Mr. Navarrete Blandón’s arbitrary detention began on

24 July 2019 – 44 days after his initial release – when he left his home to photograph a white

vehicle. He had previously reported to independent media, on 23 July 2019, that officers in

the vehicle had harassed him and threatened to imprison him again.2 About a block away

from his house, two police officers on motorcycles intercepted him, chased him and

neutralized him with a severe beating, breaking his ribs and nose. He was then searched, and

although nothing was found on his person, he was taken to the premises of the Legal

Cooperation Directorate (in a facility known as “El Chipote”), where he was beaten and

interrogated regarding allegations that he was being financed to destabilize the country.

8.

On 25 July 2019, the police raided Mr. Navarrete Blandón’s home without a warrant,

allegedly because they had been tipped off by an anonymous caller who told them that there

were weapons in the home. According to the source, although Mr. Navarrete Blandón did not

own a gun, the police planted one in his bedroom to incriminate him.

9.

According to the source, a witness presented by the prosecution saw the police leaving

Mr. Navarrete Blandón’s bedroom carrying a weapon but did not observe the start of the

search, the search itself or the exact moment when the weapon was allegedly discovered,

which was later alleged by the defence as grounds for reasonable doubt but was not taken

into account by the judicial authorities.

10.

On 26 July 2019, the Public Prosecution Service charged Mr. Navarrete Blandón with

the offences of owning or possessing narcotics and psychotropic and other controlled

substances and illegally carrying or possessing a firearm to the detriment of public health and

safety. According to the indictment, on 24 July 2019 Mr. Navarrete Blandón was arrested for

engaging in “suspicious behaviour” and, upon being searched, was found to be in possession

of two small bags of powder – later determined by the Legal Cooperation Directorate to be

cocaine – weighing 27.3 grams. It was further stated in the indictment that, on 25 July,

2 The source refers to Canal 12 Nicaragua, “Excarcelado denuncia constante asedio policial”

(Ex-Convict Complains of Constant Police Harassment), available at:

https://www.youtube.com/watch?v=rZQy1uj28i4.

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Mr. Navarrete Blandón’s home was raided and a firearm was found inside, following a tip-off

from an anonymous caller indicating that there were weapons in the home. The source

stresses that these claims were false and that the evidence was planted to incriminate

Mr. Navarrete Blandón in order to punish him for his political opposition to the Government,

just like his politically-motivated imprisonment in 2018.

11.

On 28 July 2019, at around 9.50 a.m. (86 hours after the arrest), a preliminary hearing

was held before the Tenth District Criminal Court of Managua, which ordered that

Mr. Navarrete Blandón be placed in pretrial detention, dismissing an application for the

annulment of the proceedings filed by Mr. Navarrete Blandón’s lawyer pointing out the

fundamental procedural faults arising from the illegality of the detention, as Mr. Navarrete

Blandón had not been brought before a judge within the constitutional time limit of 48 hours

after his arrest, in accordance with article 33 of the Constitution. The case was processed as

criminal case No. 013720-ORM4-2019-PN.

12.

The initial hearing was held on 9 August 2019. On 4, 12 and 20 September 2019, a

public trial was held before the Seventh District Criminal Trial Court of Managua, which

ended in Mr. Navarrete Blandón’s conviction. During one of the hearings, a guard pushed

Mr. Navarrete Blandón down a flight of stairs at the Managua Courthouse, causing him to

fall from the second floor and suffer fractured ribs. He was denied medical treatment.

13.

During the trial, the judge did not take due account of the arguments and evidence

presented to demonstrate that Mr. Navarrete Blandón was being arbitrarily incriminated in

retaliation for his political opinions, including the fact that the police had been watching him

outside his home in the weeks preceding his arrest and had threatened to put him back in

prison.

14.

On 2 October 2019, the judge issued sentence No. 195/2019, sentencing Mr. Navarrete

Blandón to 3 years and 6 months in prison and the payment of a fine equivalent to 150 days’

wages. An appeal was filed against this sentence with the Court of Appeals of Managua and

an appeal on points of law was filed with the Criminal Division of the Supreme Court of

Justice, on the grounds, inter alia, that the sentence was not properly substantiated and that

the evidence had not been assessed in a rational and unbiased manner. Both appeals were

rejected and thus ineffective, rendering sentence No. 195/2019 final.

15.

According to the source, Mr. Navarrete Blandón’s prison sentence had been due to

end on 28 January 2023. However, he has remained imprisoned for political reasons, despite

the fact that his relatives have already paid the fine imposed.

16.

The source alleges that, in an unprecedented act and without any apparent request

from the Public Prosecution Service, on 12 August 2022, the Sixth District Criminal Court

for Sentence Enforcement and Prison Supervision of Managua issued an official letter to the

Fourth District Criminal Court for Sentence Enforcement and Prison Supervision of

Managua, forwarding the case under examination (case No. 013720-RM4-2019-PN) and

raising the possibility of initiating a sentence unification process under article 408 of the

Code of Criminal Procedure and article 36 of Act No. 745. The Sixth District Criminal Court

had determined the existence of another case (No. 009724-ORM4-2018-PN) under way

before the Fourth District Criminal Court – referring to the 2018 criminal proceedings that

had been annulled by the amnesty of 10 June 2019. The letter was addressed to the Fourth

District Criminal Court, as the court with jurisdiction to enforce the sentence in case

No. 009724-ORM4-2018-PN.

17.

On 21 November 2022, the Fourth District Criminal Court for Sentence Enforcement

and Prison Supervision of Managua issued an order for the joinder of cases

No. 009724-ORM4-2018-PN and No. 013720-ORM4-2019-PN and the beginning of the

process of the unification of the sentences handed down in each case, respectively, 22 years

and 9 months in prison for murder and illegal possession of firearms, and 3 years and

6 months in prison for ownership or possession of narcotics, psychotropic and other

controlled substances and illegal possession of firearms or ammunition.

18.

In the order of 21 November 2022, it was noted that a hearing would not be held in

relation to the unification of the sentences because of the coronavirus disease (COVID-19)

pandemic. A period of six days from notification of the order was set for the parties to submit

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statements in relation to the “referred case”, which did not appear in the online judicial case

system; it was also stated that, with or without a response from the parties, the sentence would

be issued. Mr. Navarrete Blandón’s lawyer was notified of the order on 9 December 2023;

however, this lawyer, although representing Mr. Navarrete Blandón in the case, had fled the

country in August 2022 after receiving threats. For this reason, a relative of Mr. Navarrete

Blandón had requested a change of defence on 5 December 2022; this change was authorized

by the judicial authority only on 26 January 2023, leaving no time to challenge the order for

the unification of cases of 21 November 2022 and making it impossible to keep abreast of

the outcome of the unification process, since the authorities refused to disclose the documents

filed by the Public Prosecution Service in that regard.

19.

The source adds that the judicial authorities did not notify Mr. Navarrete Blandón of,

or publicly issue, a unified sentence, nor does the online judicial case system show that a

unified sentence has been issued. No new procedural updates on the case have appeared since

February 2023. It is therefore impossible to know whether the authorities ultimately unified

the sentences in law, although it can be presumed that they did so in practice, since

Mr. Navarrete Blandón was not released on 28 January 2023 upon completion of the sentence

handed down in case No. 195/2019 and was informed by prison guards that he would not be

released as a result of the unification process.

20.

The source states that between December 2022 and February 2023, Mr. Navarrete

Blandón’s lawyer filed multiple appeals for the annulment of the sentence handed down in

case No. 013720-ORM4-2019-PN, but no response has been obtained. In June 2023,

Mr. Navarrete Blandón’s lawyer passed away and since then Mr. Navarrete Blandón has had

no legal representation for the following reasons: (a) the almost total lack of human rights

defenders in Nicaragua owing to their forced exile; (b) the fact that other lawyers in

Nicaragua refrain from working on this type of case for fear of reprisals; and (c) the fact that

the Government has denied a member of Mr. Navarrete Blandón’s family living abroad

access to the country since March 2023, preventing him from taking procedural steps and

looking for potential lawyers.

21.

In a public speech on 9 February 2023, the President of Nicaragua declared that

Mr. Navarrete Blandón was on a list of 228 people, all political prisoners, to be released and

exiled to the United States of America that same day for being mercenaries and coup plotters

working for the United States. Ultimately, only 222 persons were released, not including

Mr. Navarrete Blandón, presumably because he had not been accepted into the United States,

which turned its back on him even though he had allegedly been financed and used by its

Government to destabilize Nicaragua.3

22.

The source indicates that, since 31 July 2019, Mr. Navarrete Blandón has been held

in the Jorge Navarro Prison Complex (known as “La Modelo”), in solitary confinement in a

cramped, overheated and poorly ventilated maximum-security cell. He has received no

medical care for injuries resulting from past beatings or for ongoing health conditions such

as fevers, diarrhoea, flu, respiratory problems and hypertension. His health condition is

alarming and could lead to his death.

(iii)

Legal analysis

a.

Category I

23.

The source claims that Mr. Navarrete Blandón’s arrest was unlawful because it was

not made in accordance with an arrest warrant or in flagrante delicto. The police claim that

they arrested Mr. Navarrete Blandón because he became “visibly nervous” and “tried to turn

back” when he saw their patrol and because they found “bags of cocaine” on him when they

searched him (i.e., they arrested him in flagrante delicto). However, the source argues that

being “visibly nervous” and trying to “turn back” are not objective criteria for making an

3 The source refers to El País, “Daniel Ortega habla de la liberación de más de 200 presos políticos en

Nicaragua” (Daniel Ortega Says His Will Release More Than 200 Political Prisoners in Nicaragua),

available at: https://www.youtube.com/watch?v=fNREcDBlDFQ (minutes 33:10 to 34:12).

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arrest in flagrante delicto, but rather constitute a purely subjective conjecture and assessment,

and that the arrest should therefore not have been made.

24.

The source states that article 231 of the Nicaraguan Code of Criminal Procedure

provides that arrest without a warrant (in flagrante delicto) is permissible:

When the perpetrator of the offence is caught while committing it, is pursued fleeing

from the scene of the crime or is caught at or near the scene while in possession of

weapons, instruments or other items providing grounds to believe that he or she is the

perpetrator.

In the present case, neither the police nor the prosecutorial or judicial authorities have

explained why the warrantless arrest based on Mr. Navarrete Blandón’s “visibly nervous”

behaviour met any of the criteria for arrest in flagrante delicto. Moreover, the law does not

explicitly specify the circumstances that allow for the presumption of a person’s participation

in a flagrant crime.

25.

The source adds that the search that took place during the arrest was also unlawful,

since article 236 of the Code of Criminal Procedure provides that the National Police may

carry out a personal search “when there are sufficient grounds to presume that someone is

illegally carrying a weapon or is hiding among his or her clothes belongings or objects related

to the crime or has them attached to his or her body”.

26.

The source argues that the vague wording of articles 231 and 236 of the Code of

Criminal Procedure allows for arbitrary interpretation, violating the principles of specificity

and legality by failing to define clear criteria for the offences described.4

27.

According to the source, the arrest was also unlawful because Mr. Navarrete Blandón

was not presented before the judicial authorities for judicial oversight within 48 hours of the

moment of arrest in accordance with the jurisprudence of the Human Rights Committee,5 but

rather was presented 86 hours after the arrest. The authorities did not justify the untimeliness

of Mr. Navarrete Blandón’s presentation before the judicial authorities, despite the fact that

the defence raised this point during the preliminary hearing. Consequently, the right of

prompt judicial oversight established in article 9 of the Universal Declaration of Human

Rights and article 9 (3) of the Covenant was violated.

28.

The source also claims that Mr. Navarrete Blandón’s detention is unlawful because,

since 28 January 2023, he has served his sentence of 3 years and 6 months in prison in full

and has paid the 150 day-fines ordered in sentence No. 195/2019 of case

No. 013720-ORM4-2019-PN. Mr. Navarrete Blandón’s lawyer filed appeals pointing out the

illegality and illegitimacy of Mr. Navarrete Blandón’s continued detention and requesting

the judicial and prison authorities to release him immediately in view of the completion of

his sentence, but no response has been provided to date.

29.

The source claims that, on 21 November 2022, the Fourth District Criminal Court for

Sentence Enforcement and Prison Supervision of Managua issued an order for the joinder of

cases No. 009724-ORM4-2018-PN and No. 013720-ORM4-2019-PN and the initiation of

the process of unifying the sentences handed down in each case. This step was taken despite

the fact that the first case had been amnestied on 10 June 2019 under the Amnesty Act

(No. 996), which annulled the proceedings and any resulting conviction or penalty, giving

rise to the effects of res judicata.

30.

The source also claims that prison guards informed Mr. Navarrete Blandón that he

had not yet been released because the sentences handed down against him in the two cases

had been unified; however, Mr. Navarrete Blandón was not notified of the issuance of any

unified sentence and there is no record in the system of any such sentence. The source further

claims that the joinder of the cases and the very act of initiating the procedure to unify the

sentences in those cases violated the principle of non bis in idem recognized in article 14 (7)

of the Covenant.

4 Opinion No. 85/2021, paras. 74 and 75.

5 General comment No. 35 (2014), para. 33.

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31.

The principle of legality, too, was breached in connection with this violation, since

the judge decided not to hold an oral hearing in relation to the unification process, alleging

the pandemic as a motive – although the relevant order is dated 21 November 2022, when

the pandemic was under control – which prevented Mr. Navarrete Blandón from defending

himself in accordance with due process. This breach was aggravated by the fact that

Mr. Navarrete Blandón’s former lawyer was notified of the order on 9 December 2022, but

the lawyer appointed by Mr. Navarrete Blandón on 5 December 2022 was not, leaving

Mr. Navarrete Blandón without a defence.

b.

Category II

32.

According to the source, Mr. Navarrete Blandón’s detention has undermined his rights

to freedom of thought and belief and freedom of opinion and expression.

33.

The source recalls that the Human Rights Committee has indicated that it is

incompatible with such freedoms to criminalize the holding of an opinion, including opinions

of a political nature.6

34.

The source alleges that, in view of the foregoing, Mr. Navarrete Blandón’s detention

is arbitrary because it is based on his ideology and his political opposition to the Government.

He was imprisoned for that same reason between 15 June 2018 and 10 June 2019, and it was

for the same reason that, when he was released under the Amnesty Act on 10 June 2019, the

police began to harass and surveil him every day outside his home, threatening to re-arrest

him, which he even reported in the media on 23 July 2019, in exercise of his freedom of

expression, a day before the start of his current detention.

35.

The source contends that Mr. Navarrete Blandón is a political prisoner and that his

continued detention is part of a broader, systematic State policy of repressing political

dissent. The Group of Human Rights Experts on Nicaragua7 has described this practice as

constituting crimes against humanity and imprisonment and persecution for political

reasons.8 The Group of Experts on Human Rights in Nicaragua noted that, following the

adoption of the Amnesty Act, many released political opponents were subsequently

arbitrarily reincarcerated, as in the case of Mr. Navarrete Blandón.9

36.

The source argues that the fact that Mr. Navarrete Blandón was accused and convicted

of ordinary offences does not detract from the discriminatory nature of his detention, which

results from his ideological opposition to the Government. The evidence against him,

including the alleged bag of narcotic drugs and the seized weapon, was fabricated by the

police and the Public Prosecution Service as political punishment following his release under

the amnesty. The Group of Human Rights Experts on Nicaragua has pointed out that, in the

context of systematic attacks on the opposition, false evidence has been presented, including

manipulated witness statements and documents.

37.

Moreover, according to the source, the public speech made by the President of

Nicaragua on 9 February 2023 demonstrates that both the sentence unification process and

the political motivation of Mr. Navarrete Blandón’s detention and trial were based on facts

and evidence fabricated by the authorities with the intention of keeping him imprisoned for

allegedly plotting a coup and being a mercenary sent by the United States Central Intelligence

Agency to destabilize the Government of Nicaragua. In this regard, it should be recalled that

police officers questioned him about the identities of persons allegedly financing him to

destabilize the country and accused him of being an agent of the Central Intelligence Agency.

38.

As a political reprisal against his ideology and political expression, Mr. Navarrete

Blandón has been subjected to severe prison conditions since his arrest. He has been held at

all times in individual maximum-security cells, without being allowed to communicate with

other prisoners, without medical attention and with little and sometimes no access to a yard

6 General Comment No. 34 (2011), para. 9.

7 See the conference room paper containing the detailed conclusions of the Group of Human Rights

Experts on Nicaragua, available on the web page of the mandate, at https://www.ohchr.org/en/hr-

bodies/hrc/ghre-nicaragua/index, paras. 1040–1052, 1097–1002 and 1120–1128.

8 Ibid., paras. 1052 and 1128.

9 Ibid., para. 1124.

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or sunshine. He has also suffered torture in prison, including beatings that fractured his ribs

and nose. In the maximum-security cells of the Jorge Navarro Prison Complex, he was beaten

on various occasions in 2021 and 2022 and was denied medical attention.

c.

Category III

39.

According to the source, Mr. Navarrete Blandón was the victim of biased proceedings

that violated the minimum guarantees of a fair trial.

40.

The source claims that all judicial authorities that have exercised jurisdiction in

relation to the detention of Mr. Navarrete Blandón have lacked independence and

impartiality, in violation of article 10 of the Universal Declaration of Human Rights and

article 14 (1) of the Covenant.

41.

The source argues that this lack of impartiality has been apparent since the beginning

of the trial, when judicial decisions were issued solely on the basis of the arguments presented

by the Public Prosecution Service and the courts rejected or ignored any argument or

evidence that would demonstrate the illegality of the detention and Mr. Navarrete Blandón’s

innocence. For instance, at the preliminary hearing, the Tenth District Criminal Court of

Managua upheld the indictment and ordered Mr. Navarrete Blandón’s pretrial detention

despite the fact that the defence had alleged the illegality of his arrest and pointed out the

political motivation for his imprisonment. The Seventh District Criminal Trial Court of

Managua convicted Mr. Navarrete Blandón but neglected to provide in the judgment any

analysis of evidence and arguments giving rise to reasonable doubt of his guilt.

42.

In sentence No. 195/2019, arguments demonstrating that the arrest and indictment

were the result of political persecution were not taken into consideration. The fact that the

police used violence in their arrest of Mr. Navarrete Blandón was not mentioned, nor was the

evidence showing that he was not arrested alone, as he was with a friend, or in the place

indicated by the police and the Public Prosecution Service, but rather near his home, and no

reference was made to the fact that a police officer pushed him down the stairs of the

courthouse, breaking his ribs.

43.

According to the source, the Court of Appeal and the Criminal Division of the

Supreme Court of Justice, in their decisions on appeal and points of law, respectively, did not

consider the arguments put forward by the defence. Instead, they upheld sentence

No. 195/2019 despite the fact that it lacked proper legal and factual justification for its

conclusions.

44.

The judicial penitentiary authorities opened the procedure for the joinder of cases

No. 009724-ORM4-2018-PN and No. 013720-ORM4-2019-PN and the unification of the

sentences in each case, in the knowledge that the first case had been amnestied and that the

criminal proceedings in the case and any resulting conviction or penalty had thus been

annulled.

45.

The Fourth District Criminal Court for Sentence Enforcement and Prison Supervision

of Managua, which formally ordered the joinder of the cases and the initiation of the sentence

unification process, merely cited article 36 of Act No. 746 and article 408 of the Code of

Criminal Procedure without explaining the reasons why such a process should be initiated if

the first case had been amnestied. Moreover, it did not follow the due process for the

unification of sentences established in article 408 of the Code of Criminal Procedure and Act

No. 746, as it did not allow for the exercise of the right to defence or respect the principle of

equality before the law. No public hearing was convened to allow Mr. Navarrete Blandón to

exercise his right to be heard. No judgment was issued to justify the unification of sentences,

at least not as far as the source can deduce; if such a judgment was issued, the principle of

publicity and the right to a defence have been violated, since no one was notified of it.

Moreover, it has never been clarified whether this is the legal reason why Mr. Navarrete

Blandón continues to be deprived of his liberty.

46.

According to the source, the above-mentioned judicial omissions, the violation of the

obligation to provide reasons for judicial decisions under article 14 of the Covenant and the

bias in favour of the prosecution were intentional steps designed to criminalize Mr. Navarrete

Blandón for his opposition to the Government. These omissions were not the isolated acts of

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individual judicial authorities acting in accordance with the principle of judicial

independence and impartiality, but rather were decisions made in the context of the lack of

separation of powers in Nicaragua, which has been reported by international bodies since

2018.10

47.

The source argues that, as previously indicated, the fact that his former lawyer – who

had been in exile since August 2022 – was notified of the order on 21 November 2022, which

joined the 2018 and 2019 cases and initiated the sentence unification process, while his new

lawyer, appointed on 5 December 2022, was not, effectively denied him the possibility of

organizing an expert defence in accordance with the principle of equality of arms.

48.

The right to a defence was also undermined by the fact that, because of the pandemic,

no public hearing was held in relation to the sentence unification process, since, at such a

hearing, Mr. Navarrete Blandón would have had the possibility to defend himself or to

request the judge to recognize the appointment of his new lawyer so that he could exercise

his right to an expert defence during the proceedings. Moreover, by late 2022, the pandemic

was under control.

49.

The source adds that a violation of the right to a defence has resulted from the

continuing lack of public information about the case, since this has prevented the

ascertainment of whether the judicial penitentiary authorities have issued a decision on the

unification of sentences and thus made it impossible to challenge any such decision.11

50.

In accordance with article 14 (7) of the Covenant, no one shall be liable to be tried or

punished again for an offence for which he or she has already been finally convicted or

acquitted in accordance with the law and penal procedure of each country. Amnesties give

rise to the effects of res judicata and annual criminal proceedings, convictions and penalties.

51.

The fact that the judicial penitentiary authorities initiated a sentence unification

process despite knowing that one of the sentences had been amnestied under Act No. 996 is

a clear violation of the principle of non bis in idem.

d.

Category V

52.

The source alleges that the detention of Mr. Navarrete Blandón and the serious

violations of his human rights in prison are the result of de facto, generalized and systematic

discrimination against political opponents of the Government. The Group of Human Rights

Experts on Nicaragua has clearly demonstrated that detention of the kind imposed on

Mr. Navarrete Blandón, both in 2018 and currently, and hundreds of others in Nicaragua, has

been deliberately carried out with the intent to discriminate on the basis of the victims’

identity or perceived identity as political opponents.12

53.

The source states that this serious procedural violation highlights the arbitrary political

nature of the detention, which is intended to prolong Mr. Navarrete Blandón’s imprisonment

unjustly as a form of political punishment for the opinions he has expressed since 2018 and

for his political ideology.

(b)

Response from the Government

54.

On 27 February 2024, the Working Group transmitted the allegations from the source

to the Government in accordance with its methods of work. The Working Group requested

the Government to provide, by 29 April 2024, detailed information on the situation of

Mr. Navarrete Blandón, clarifying the legal and factual grounds for his detention and

explaining how it is compatible with the obligations of Nicaragua under international human

rights law and, in particular, the treaties ratified by the State.

10 Inter-American Commission on Human Rights, “Personas privadas de libertad en Nicaragua”

(Persons Deprived of Liberty in Nicaragua), report No. OEA/Ser.L/V/II. Doc. 287, 5 October 2020,

para. 212, and CCPR/C/NIC/CO/4, paras. 2 and 27.

11 Opinion No. 52/2022, para. 98.

12 See the conference room paper containing the detailed conclusions of the Group of Human Rights

Experts on Nicaragua, available on the web page of the mandate, at https://www.ohchr.org/en/hr-

bodies/hrc/ghre-nicaragua/index, para. 1222.

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55.

The Working Group regrets that the Government has not submitted a response or

requested an extension in accordance with paragraph 16 of the Working Group’s methods of

work.13

2.

Discussion

56.

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.

57.

In determining whether Mr. Navarrete Blandón’s detention is arbitrary, the Working

Group takes account of the principles established in its jurisprudence on evidentiary issues.

If the source has established a prima facie case for breach of international human rights law

constituting arbitrary detention, the burden of proof should be understood to rest upon the

Government if it wishes to refute the allegations.14 In the present case, the Government has

chosen not to challenge the allegations made by the source.

58.

The source has argued that Mr. Navarrete Blandón’s detention is arbitrary and falls

under categories I, II, III and V.

(a)

Category I

59.

The source alleges that the detention of Mr. Navarrete Blandón is arbitrary because it

lacks any legal basis, falling within category I.

60.

The Working Group recalls that, under international law, the rule of law is a principle

of governance that requires measures to ensure adherence to the principles of supremacy of

law, equality before the law, accountability to the law, fairness in the application of the law,

separation of powers, participation in decision-making, legal certainty, avoidance of

arbitrariness and procedural and legal transparency.15 States parties must conform to this

standard, since the rule of law is the cornerstone of due process, which is essential for the

protection of human rights. The violation of these principles is reflected in the different

categories of arbitrary detention identified by the Working Group.

61.

According to the source, the detention of Mr. Navarrete Blandón is arbitrary as he was

arrested on 24 July 2019 without being shown an arrest warrant or being informed of the

charges against him. The Working Group notes that the detention began 44 days after his

initial release from prison pursuant to the Amnesty Act.

62.

On 24 July 2019, Mr. Navarrete Blandón left his home to photograph a vehicle from

which the police had been harassing him, at which point he was violently detained, leaving

him with several broken ribs and a broken nose. Although he was searched and nothing

incriminatory was found on his person, he was taken to the premises of the Legal Cooperation

Directorate (in the facility known as “El Chipote”), where he was beaten again and

interrogated in an effort to have him reveal the identities of persons allegedly financing him

to destabilize the country.

63.

On the basis of the information received from the source, and in the absence of any

response from the Government, the Working Group is convinced that Mr. Navarrete

Blandón’s rights were violated when he was detained without any legal basis and without

being shown an arrest warrant, despite the fact that he was not in flagrante delicto.16 The

Working Group recalls that the Inter-American Court of Human Rights has ruled on several

occasions that requirements for an arrest in flagrante delicto cannot simply be assumed to

have been met but must be proved by the authorities, which they were not in this case.17

13 A/HRC/36/38.

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

15 S/2004/616, para. 6.

16 Opinion No. 9/2018, para. 38.

17 Guerrero, Molina et al. v. Bolivarian Republic of Venezuela, judgment of 3 June 2021, para. 108 and

Fernández Prieto and Tumbeiro v. Argentina, judgment of 1 September 2020, paras. 88–101;

opinions No. 35/2021 and No. 43/2021.

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64.

In addition, the source informs the Working Group that Mr. Navarrete Blandón’s

home was raided the day after his arrest, on 25 July 2019, without a warrant or prior

notification and in the absence of witnesses.18

65.

The Working Group notes that items seized during the search were not subsequently

used at any stage of the proceedings. The fact that Mr. Navarrete Blandón’s residence was

searched without a warrant and that the items taken were not used as evidence at trial supports

the Working Group’s conclusion that the authorities did not follow the procedures necessary

to ensure that the detention had a legal basis.

66.

On 26 July 2019, the Public Prosecution Service charged Mr. Navarrete Blandón with

the offences of owning or possessing narcotics and psychotropic and other controlled

substances and illegally carrying or possessing a firearm to the detriment of public health and

the safety of Nicaraguan society. The indictment noted that, on 24 July 2019, Mr. Navarrete

Blandón was arrested for engaging in “suspicious behaviour” and that, upon being searched,

he was found to have on his person two small bags of powder – later determined by the Legal

Cooperation Directorate to be cocaine – weighing 27.3 grams. It was also noted in the

indictment that, on 25 July, during the search of Mr. Navarrete Blandón’s residence, a firearm

was found. The source claims that this evidence was planted by the police in order to

incriminate Mr. Navarrete Blandón.

67.

The Working Group recalls that, under international law, the authorities must invoke

the legal basis for an arrest and apply it to the circumstances of the case, from which it follows

that the accused person is entitled to be presented with an arrest warrant or court order (or

equivalent document)19 in order to ensure the exercise of effective oversight by a competent,

independent and impartial judicial authority, which is procedurally inherent in the right to

liberty and security and the prohibition of arbitrary deprivation of liberty under articles 3 and

9 of the Universal Declaration of Human Rights, article 9 (1) of the Covenant and

principles 2, 4 and 10 of the Body of Principles for the Protection of All Persons under Any

Form of Detention or Imprisonment. 20 In the absence of any information from the

Government, the Working Group concludes that Mr. Navarrete Blandón was detained

without any legal basis, in violation of article 9 (1) of the Covenant and articles 3 and 9 of

the Universal Declaration of Human Rights. The right to be informed at the time of one’s

arrest of the reasons for the arrest and also of the judicial avenue to challenge the lawfulness

of the deprivation of liberty, in accordance with article 9 (2) of the Covenant and principle 7

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, was also

violated.

68.

The Working Group notes the source’s claim that Mr. Navarrete Blandón was brought

before a judge for a preliminary hearing on 28 July 2019, at around 9.50 a.m., i.e. 86 hours

after his arrest on 24 July. It also notes that the authorities failed to justify the untimeliness

of Mr. Navarrete Blandón’s presentation before the judicial authority for due oversight,

despite the fact that his defence raised the issue at the preliminary hearing.

69.

The Working Group recalls that legal safeguards against arbitrary deprivation of

liberty, as set out in article 9 of the Universal Declaration of Human Rights and the Covenant,

require that anyone arrested or detained on a criminal charge be brought promptly before a

judge so that a decision on his or her situation may be taken. As the Working Group has

reiterated in its jurisprudence, 48 hours is ordinarily sufficient to meet such a requirement,

and any additional delay must remain absolutely exceptional and be justified in the

circumstances.21

70.

Moreover, the Working Group recognizes the fact that these actions have been

instigated and perpetrated by the Public Prosecution Service and stresses that the prosecution

18 Opinion No. 83/2019, para. 51.

19 Opinion No. 88/2017, para. 27. In cases of arrests made in flagrante delicto, it is not generally

possible to obtain a warrant.

20 Opinion No. 3/2018, para. 43, and Human Rights Committee, general comment No. 35 (2014),

para. 33.

21 Opinion No. 66/2020, and Human Rights Committee, general comment No. 35 (2014), para. 33.

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service cannot be considered a judicial authority for the purposes of article 9 (3) of the

Covenant. Consequently, the authorities have failed to establish the legal basis for the

detention in accordance with the Covenant.

71.

The Working Group has made clear that, in accordance with its established

jurisprudence and practice, the Public Prosecution Service is not considered an independent

judicial authority and does not meet the criteria of article 9 of the Covenant.22 It is recalled

that the national legal system should provide for a separation between the authority

conducting the investigation and the authorities responsible for detention and for ruling on

questions related to pretrial detention. This separation is a necessary requirement to prevent

conditions of detention from being used to impair the effective exercise of the right to defend

oneself, favour self-incrimination or allow pretrial detention to amount to a form of advance

punishment.

72.

The Working Group is convinced that Mr. Navarrete Blandón was not brought

promptly before a judicial authority, in violation of article 9 (3) of the Covenant. When such

treatment is continuous, it contravenes the rights set out in rules 43 (3) and 58 of the

United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson

Mandela Rules) and principles 15, 19 and 20 of the Body of Principles for the Protection of

All Persons under Any Form of Detention or Imprisonment.

73.

The Working Group also notes the source’s claim that, during the preliminary hearing

of 28 July 2019, the Tenth District Criminal Court of Managua ordered that Mr. Navarrete

Blandón be placed in pretrial detention and rejected a motion for annulment filed by his

lawyer, who argued that the detention was unlawful because Mr. Navarrete Blandón had not

been brought before a judge within the constitutionally mandated 48-hour period following

his arrest.

74.

The Working Group reiterates that pretrial detention should not be punitive in nature,

should be the exception rather than the rule and should be ordered for the shortest time

possible. It must also be based on an individual assessment of each individual. Pursuant to

article 9 (3) of the Covenant, the justification for pretrial detention must be analysed in a

reasoned judicial decision in every case. The documents examined show that this was not

done in the present case, in violation of article 9 of the Covenant.23

75.

Having examined the source’s allegations, and in the absence of a response from the

Government to refute or contradict them, the Working Group concludes that the detention of

Mr. Navarrete Blandón is arbitrary and falls within category I as defined by the Working

Group.

(b)

Category II

76.

The source argues that Mr. Navarrete Blandón’s detention is arbitrary because it is a

direct result of his exercise of his rights to freedom of expression, which are protected both

under the Constitution of Nicaragua and under international law. The Government has not

replied to the source’s allegations, despite having been given the opportunity to do so.

77.

The Working Group notes the source’s arguments that Mr. Navarrete Blandón’s

detention is arbitrary, as it stems from his ideology and political opposition to the

Government. The source states that his prior imprisonment, from 15 June 2018 to

10 June 2019, was also in retaliation for his participation in the April 2018 anti-Government

protests in Nicaragua. The source further states that, before his rearrest on 24 July 2019,

Mr. Navarrete Blandón faced daily harassment and threats from law enforcement authorities

outside his home.

78.

The Working Group is convinced, in the absence of contradicting information, that

Mr. Navarrete Blandón has been persecuted since 2018 as a reprisal for his ideology and

22 Human Rights Committee, general comment No. 35 (2014), para. 32; opinions No. 14/2015, para. 28,

No. 5/2020, para. 72, and No. 41/2020, para. 60; and A/HRC/45/16/Add.1, para. 35.

23 Opinions No. 57/2014, No. 24/2015, No. 1/2018, No. 16/2018 and No. 53/2018; A/HRC/19/57,

paras. 48–58; and Human Rights Committee, general comment No. 35 (2014), para. 38.

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political opposition to the Government, which, moreover, is the reason for his initial

imprisonment between 15 June 2018 and 10 June 2019.

79.

The Working Group is of the view that the freedoms of opinion, expression and

assembly, including peaceful protest, are the cornerstone of any free and democratic society.

These freedoms are the basis for the effective exercise of a wide range of human rights, such

as the rights to freedom of assembly and association and to political participation, as set forth

in articles 20 and 21 of the Universal Declaration of Human Rights and articles 19, 21, 22

and 25 of the Covenant. In the present case, Mr. Navarrete Blandón was detained and

proceedings were initiated against him precisely because of his work to promote freedom of

expression, association and assembly, and the detention and proceedings prevented him from

participating in the political and democratic life of his country.

80.

In its jurisprudence, the Working Group has consistently established that deprivation

of liberty is arbitrary when the authorities have detained a person to prevent him or her from

participating in public life, for example, by initiating criminal proceedings that render it

impossible for that person to participate in an electoral campaign or to express an opinion

about it.24

81.

The Working Group is deeply concerned about reports of the persistent harassment,

intimidation, threats and arrests to which Mr. Navarrete Blandón has been subjected. It also

reiterates that it applies a heightened standard of review in cases where freedom of expression

and opinion is restricted or in which social activists or human rights defenders are involved,

as in the case of Mr. Navarrete Blandón.

82.

The Working Group once again reiterates that the Human Rights Committee has

clearly established that citizens also take part in the conduct of public affairs by exerting an

influence on them, either through debate and dialogue with their representatives or through

their capacity for organization.25 This participation is supported by ensuring freedom of

expression, assembly and association.

83.

In view of these circumstances, the Working Group decides to refer the present case

to the Special Rapporteur on the promotion and protection of the right to freedom of opinion

and expression and the Special Rapporteur on the rights to freedom of peaceful assembly and

of association.

84.

The Working Group, after having carefully examined the information provided by the

source, finds that Mr. Navarrete Blandón’s detention is arbitrary and violates articles 19 and

21 of the Covenant and articles 19 and 20 of the Universal Declaration of Human Rights. It

therefore falls within category II.

(c)

Category III

85.

In the light of its findings under category II, namely, that Mr. Navarrete Blandón’s

detention resulted from the exercise of the rights to freedom of opinion and expression,

freedom of association and political participation, the Working Group considers that there

were no grounds for a trial. However, since a trial took place, and in view of the claims made

by the source, the Working Group will proceed to analyse whether, in the course of this trial,

the fundamental components of a fair, independent and impartial trial were respected.

86.

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

Covenant recognize the right of everyone charged to be presumed innocent. The Working

Group has reviewed the allegations of the source in the light of paragraph 30 of the Human

Rights Committee’s general comment No. 32 (2007). The Working Group notes that the

presumption of innocence, which is fundamental to the protection of human rights, imposes

on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed

until the charge has been proved beyond reasonable doubt, ensures that the accused has the

benefit of the doubt and requires that persons accused of a criminal act must be treated in

accordance with this principle. Moreover, the Working Group has determined that statements

24 Opinion No. 24/2015, para. 44, No. 30/2015, paras. 39, 44 and 47, No. 33/2015, paras. 83–85,

No. 36/2017, para. 108, and No. 61/2018, para. 59, and A/HRC/36/37, para. 48 (d).

25 General comment No. 25 (1996).

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publicly condemning the accused person before a sentence has been passed violate the

presumption of innocence and constitute undue interference that undermines the

independence and impartiality of the court.26

87.

The source alleges that, in a public speech on 9 February 2023, the President of

Nicaragua announced that Mr. Navarrete Blandón was among 228 individuals – all political

prisoners – set to be released from prison and exiled to the United States on that same day,

labelling them as United States mercenaries and coup plotters.27 However, Mr. Navarrete

Blandón’s transfer did not take place, as the United States refused to admit him. The source

argues that this speech illustrates how the entire judicial process, including the sentence

unification process and the politically motivated nature of his detention, was based on

fabricated evidence intended to justify his imprisonment for allegedly plotting a coup and

being a mercenary sent by the United States Central Intelligence Agency to destabilize the

Government of Nicaragua. In addition, police officers interrogated him about the identities

of individuals supposedly financing him for this purpose and accused him of being an agent

of the Central Intelligence Agency. The Government has not responded to these claims.

88.

The Working Group emphasizes that international law upholds the importance of

independent and impartial investigations and prosecution proceedings as essential to ensuring

access to justice.28 All authorities have a duty to refrain from prejudging the outcome of a

trial – a duty that has been violated in this case.29

89.

Taking into account the information received, and in the absence of a response from

the Government, the Working Group considers that Mr. Navarrete Blandón was publicly

portrayed as a criminal guilty of destabilizing the country and was included on a list of

228 individuals set to be released from prison and exiled. The Working Group finds that this

constitutes a violation of article 11 (1) of the Universal Declaration of Human Rights and

article 14 (2) of the Covenant, both of which recognize the right to the presumption of

innocence.

90.

Moreover, the source alleges that the Nicaraguan judiciary is completely controlled

by the executive and that repression of the political opposition in Nicaragua has been growing

since the run-up to the November 2021 elections.

91.

The Working Group notes the source’s allegations of procedural irregularities in the

Seventh District Criminal Trial Court of Managua, which convicted Mr. Navarrete Blandón

without conducting any analysis of the evidence or arguments that might raise reasonable

doubt about his guilt. The court also failed to evaluate the defence’s arguments or consider

witness testimony, instead accepting the Public Prosecution Service’s statements without

scrutiny. Furthermore, it did not examine whether his detention and prosecution were

politically motivated, nor did it acknowledge the violent nature of his arrest, evidence that he

was not alone at the time but with a friend, or the fact that he was apprehended near his home

rather than in the location stated by the authorities. Additionally, the Court overlooked the

fact that a police officer pushed Mr. Navarrete Blandón down the stairs of the courthouse,

resulting in broken ribs.

92.

The Government has not denied any of these procedural irregularities, of which many

more were committed throughout the proceedings, undermining judicial independence and

due process.

93.

The Working Group also notes the source’s allegation that the judicial authorities

initiated a sentence unification process in violation of the non bis in idem principle, despite

knowing that one of the sentences had been subject to an amnesty under Act No. 996, which

is the reason for Mr. Navarrete Blandón’s release on 10 June 2019. The Government has not

contested these claims. Accordingly, the Working Group concludes that the fundamental due

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

27 The source refers to El País, “Daniel Ortega habla de la liberación de más de 200 presos políticos en

Nicaragua” (Daniel Ortega Says His Will Release More Than 200 Political Prisoners in Nicaragua),

available at: https://www.youtube.com/watch?v=fNREcDBlDFQ (minutes 22:44 to 23:11 and 28:00

to 30:31).

28 See opinion No. 38/2019.

29 See opinion No. 40/2019.

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process principle of non bis in idem appears to have been violated, as Mr. Navarrete Blandón

was tried and convicted for acts in relation to which he had been granted amnesty on

12 October 2018, in breach of article 10 of the Universal Declaration of Human Rights and

article 14 (7) of the Covenant.

94.

The Working Group is concerned about the source’s allegations regarding the

treatment of Mr. Navarrete Blandón during his arrest, including reports that he was beaten,

pushed down the stairs during a trial hearing and subjected to physical abuse and ill-treatment

that resulted in broken ribs and a fractured nose, as well as reports he was assaulted during

his previous detention. Moreover, Mr. Navarrete Blandón has been held in solitary

confinement in a cramped, overheated and poorly ventilated maximum-security cell. Despite

sustaining multiple injuries from beatings by public officials since his arrest, as well as

developing new health issues, he has been denied medical care.

95.

The Working Group recalls that the denial of medical care can constitute a form of

torture and cruel and inhuman treatment.30 In the Working Group’s view, torture is not only

a serious violation of human rights per se, but also undermines the ability of individuals to

defend themselves and hinders the exercise of their right to a fair trial. Noting the gravity of

the allegations, the Working Group considers that the violations relating to the conditions of

detention of Mr. Navarrete Blandón and the lack of medical care significantly undermined

his ability to properly defend himself. In view of this situation, the Working Group decides

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

degrading treatment or punishment and the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health, for appropriate

action.

96.

In the light of the foregoing, the Working Group considers that serious violations of

Mr. Navarrete Blandón’s fair trial guarantees under articles 10 and 11 (1) of the Universal

Declaration of Human Rights and article 14 (2), (3) (b) and (7) of the Covenant were

committed, rendering his detention arbitrary under category III.

(d)

Category V

97.

The source claims that Mr. Navarrete Blandón’s detention stems from his political

opposition to the Government and is therefore arbitrary under category V. The Government

has not refuted the prima facie credible allegations made by the source in this regard.

98.

Furthermore, the Working Group notes that one of the factors that suggest that there

is a discriminatory aspect to a deprivation of liberty is whether it is part of a pattern of

persecution against the detained persons that includes, for example, previous arrests or acts

of violence or threats. As established in the discussion concerning category II, Mr. Navarrete

Blandón’s detention resulted from his exercise of his fundamental rights under international

law. When a deprivation of liberty has resulted from the active exercise of civil and political

rights, there is a strong presumption that the deprivation of liberty also constitutes a violation

of international law on the grounds of discrimination.31

99.

The source alleges that Mr. Navarrete Blandón was arrested on 15 June 2018 for his

participation in an anti-Government protest in April 2018 and was sentenced to 22 years in

prison. He was subsequently released on 10 June 2019 under an amnesty granted by the

Government. However, after his release, he was threatened with re-imprisonment by the

police – threats that he reported in the independent media on 23 July 2019. The next day, on

24 July 2019, i.e. 44 days after his initial release, he was arrested again.

100.

The Working Group is of the view that Mr. Navarrete Blandón can be identified as an

active political opponent of the regime. It recalls that the right to hold and express opinions,

including opinions that are not in accordance with official government policy, is protected

under article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

30 A/HRC/38/36, para. 18, and opinion No. 20/2022, para. 104.

31 Opinions No. 88/2017, para. 43, and No. 59/2019, para. 79.

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101.

In the absence of a response from the Government, the Working Group finds that

Mr. Navarrete Blandón’s detention is arbitrary under category V, in violation of articles 2

and 7 of the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant.

(e)

Concluding remarks

102.

In order to allow the Working Group to establish a direct dialogue with all State

authorities, representatives of civil society and detained persons, with a view to gaining a

better understanding of the situation of deprivation of liberty in the country, the Working

Group would welcome the opportunity to conduct a visit to Nicaragua, as requested in its

notes verbales of 24 April and 21 November 2018.

103.

Moreover, the Working Group recalls that, on 26 April 2006, the Government of

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.

3.

Disposition

104.

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

The deprivation of liberty of Jaime Enrique Navarrete Blandón, being in

contravention of articles 2, 3, 7, 9, 10, 11, 19 and 20 of the Universal Declaration of

Human Rights and articles 2, 9, 14, 19, 21 and 26 of the International Covenant on

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

105.

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

to remedy the situation of Mr. Navarrete Blandón 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.

106.

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

case, the appropriate remedy would be to release Mr. Navarrete Blandón immediately and

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

international law.

107.

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

investigation of the circumstances surrounding the arbitrary detention of Mr. Navarrete

Blandón and to take appropriate measures against those responsible for the violation of his

rights.

108.

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

the present case to the Special Rapporteur on the promotion and protection of the right to

freedom of opinion and expression, the Special Rapporteur on the rights to freedom of

peaceful assembly and of association, the Special Rapporteur on the right of everyone to the

enjoyment of the highest attainable standard of physical and mental health and the Special

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

109.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

110.

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. Navarrete Blandón has been released and, if so, on what date;

(b)

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

Blandón;

(c)

Whether an investigation has been conducted into the violation of

Mr. Navarrete Blandón’s rights and, if so, the outcome of the investigation;

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(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.

111.

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.

112.

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 of any failure to take action.

113.

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.32

[Adopted on 11 November 2024]

32 Human Rights Council resolution 51/8, paras. 6 and 9.