OEA/Ser.L/V/II.45 REPORT ON THE SITUATION OF HUMAN RIGHTS IN NICARAGUA (Findings
of the “on-site” observation in the
Republic of Nicaragua October 3 – 12, 1978) CONCLUSIONS
In the light of the foregoing, the Inter-American Commission on Human
Rights, in plenary, has arrived at the conclusion that the Government of
Nicaragua has incurred responsibility for the following serious, persistent and
generalized violations:
a) The Government of Nicaragua is
responsible for serious attempts against the right to life, in violation of the
international humanitarian norms, in repressing, in an excessive and
disproportionate manner, the insurrections that occurred last September in the
main cities of the country. In fact, the bombing of towns by the National Guard
was done in an indiscriminate fashion and without prior evacuation of the
civilian population, which caused innumerable deaths of persons who were not
involved in the conflict, and, in general, a dramatic situation;
b) Likewise, the Government of
Nicaragua is responsible for a large number of deaths which occurred after the
combats, because of abuses perpetrated by the National Guard during the
so-called “Operation Mop-up” and other actions several days after the
cessation of hostilities, in which many persons were executed in a summary and
collective fashion for the mere reason of living in neighborhoods or districts
where there had been activity by the Frente Sandinista de Liberación Nacional (FSLN);
and young people and defenseless children were killed;
c) The Government of Nicaragua has
obstructed the work of the Red Cross by not allowing it to carry out its
responsibilities during the combat: caring for the wounded, picking up bodies,
and its humanitarian mission in general. Moreover, the Government is responsible
for the death of two Red Cross corpsmen and the improper use of local ambulances
and the emblem of the Red Cross;
d) The Government of Nicaragua is
also responsible for the death and serious abuse, arbitrary detention and other
violations of the human rights of peasant groups;
e) In the events of last September
and even earlier, there were serious violations to the right to personal
security, by means of tortures and other physical abuses which were inflicted on
numerous detainees;
f) A special situation, which deeply
concerned the Commission, is the one dealing with minors. Aside from the many
youths who are being detained in jails, along with common delinquents, the
Commission was able to prove a general repression by the National Guard against
any male youth between 14 and 21 years of age;
g) The physical liberty of the
people is seriously affected, as is evidenced by the many arbitrary detentions
that occurred early in September, the number of which increased after
constitutional guarantees were suspended. This situation, furthermore, is
aggravated by the administration of the judicial system which exists in
Nicaragua, and by the powers enjoyed by Police Judges, some of whom are also
Commanders of the National Guard, who may impose penalties of up to six months
of jail, without any procedure other than listening to the accused, and by the
powers of the military courts to judge civilians during periods of emergency.
The foregoing shows that there have been violations to the right of protection
against arbitrary detention and to due process, and, in particular to the right
to an adequate defense;
h) The freedom of expression of
opinions is severely restricted when in fact information about events occurring
in Nicaragua is limited to newspapers, radio and TV stations which are
controlled, either directly or indirectly, by the Government. In the case of the
written or spoken media independent of or in opposition to the Government, even
when there was no censorship, their owners, directors or journalists were
subjected to serious attempts or threats to their lives, freedom or security;
i) Although there is a formal
respect for the freedom of conscience, worship and religion, in practice these
cannot be fully enjoyed due to the abuse, in words and deeds, to which priests
and ministers of the various Catholic congregations have been subjected;
j) At present the right to assembly
cannot be exercised. Even before the emergency regime came into effect, the
right to association, in general, and those of political and trade union
associations, in particular, had been seriously limited;
k) The right to vote has been
hindered by various obstructions of a practical and legal nature which limit its
free exercise.
The violations to human rights included in this report have affected all
sectors of the Nicaraguan population. Its victims are and have been especially
those persons of limited economic resources and young people between the ages of
14 and 21.
The damage and suffering caused by these violations have awakened in a
very forceful way, an intense and general feeling among Nicaraguan people for
the establishment of a system which will guarantee the observance of human
rights. [ Table of Contents | Previous ] |