Nicaragua: Roles and duties of an administrative officer of the Nicaraguan Security Department, of a political officer at the Interior Ministry and of a sub-lieutenant at the Interior Ministry; reports of individuals holding these positions being implicated in war crimes or crimes against humanity, 1986-1987

The Ministry of the Interior was renamed Ministry of Government after the election of Violeta Chamorro in 1988 (Nicaragua: A Country Guide 1990, 55). Until then, it had been responsible "for the regular police force, transit police, and immigration" (ibid.). No reference to a Security Department in 1986 or 1987 could be found among the sources consulted; however, several sources refer to the Dirección General de Seguridad del Estado (State Security General Directorate, DGSE) as a branch of the Ministry of the Interior. A 1988 Americas Watch (now Human Rights Watch/Americas) report states that the Ministry of the Interior controlled "the Sandinista Police, the Police Courts and the DGSE" (Aug. 1988, 2).

Although no detailed description of the roles and duties of administrative officers, political officers or sub-lieutenants at the Interior Ministry could be found among the sources consulted, the information that follows describes some aspects of the activities of the Ministry of the Interior.

In relation to prosecution of suspected or alleged contras, the Americas Watch report states that "because of the use of archaic procedural standards, there is considerable confusion as to…the powers of police officers, of members of the Dirección General de Seguridad del Estado (DGSE) and of police judges in the investigatory phase" (ibid.). The report adds that "in that confusion, those administrative officials engage in practices that we find to be not in compliance with international standards of due process" (ibid.). According to the report, a "police judge" was "a police employee appointed by the Minister of the Interior, to be the authority before whom the accused is charged," adding that "this police official is not even necessarily a lawyer" (ibid., 55-56).

The lifting of a state of emergency on 20 January 1988 ended what Americas Watch described as "the extraordinary powers enjoyed by the security forces in the area of due process" (ibid., 1-2).

No reports of persons employed by the Nicaraguan Ministry of the Interior in 1986 or 1987 being charged with war crimes or crimes against humanity could be found among the sources consulted by the Research Directorate. However, both Americas Watch and Amnesty International report that some police personnel were prosecuted for serious crimes. In a 1989 report, Amnesty International states that "after being tried by military courts, a total of 17 military and police personnel were sentenced to prison terms ranging from six years to the maximum 30-year term on charges of homicide or 'atrocious murder' (asesinato atroz)" (6 Oct. 1989, 7). In the above-cited report, Americas Watch stated that evidence showed "a number of instances in which members of the DGSE" committed serious crimes in remote areas of Matagalpa, Jinotega, Chontales, Boaco and parts of Zelaya (Aug. 1988, 2). The report adds that

The Government of Nicaragua has prosecuted some members of the military and security forces and has punished some officials who have committed serious crimes. We are aware of instances of aggressive investigation and punishment conducted recently. Nonetheless, not all gross abuses are seriously investigated and prosecuted, and¾as discussed in the body of the report¾we have learned of cases of impunity for those who have served the state. (ibid., 3).

Neither Americas Watch or Amnesty International define these cases as war crimes or crimes against humanity as is described and discussed in the 18 August 1998 Operations Memorandum of Citizenship and Immigration Canada titled War Crimes and Crimes Against Humanity (OM No. EC 99-05).

Please find attached excerpts of the above-cited Americas Watch report referring to human rights issues and the Ministry of the Interior.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please see below the list of additional sources consulted in researching this information request.

Americas Watch, Washington, DC. August 1988. Human Rights in Nicaragua: August 1987¾. New York: Human Rights Watch.