Nicaragua: Current information on the recourse available to persons who are being harrassed or threatened by Sandinistas

Information on protection issues for 1997 is scarce among the sources consulted by the Research Directorate within the time constraints of this Response to Information Request, so some 1996 information is provided for your reference. This information adds to that available at your Regional Documentation Centre, including previous Responses to Information Requests, the assessment of the judiciary and other state institutions in Country Reports 1996 and in the Research Directorate's September 1997 Q&A Paper Nicaragua: Update. The latter provides information on violence and the degree to which authorities can counter it or provide protection, including references to geographic and other limitations on the willingness, availability or effectiveness of security forces.

In addition to the information cited above, please find attached an excerpt from a June 1996 document, Nicaragua—Profile of Asylum Claims & Country Conditions, prepared by the United States Department of State, which assesses the grounds for concern related to "claims based on political opinion" (6-11). Also attached, please find an excerpt from Central America Update that refers to threats of violence by Sandinistas in the context of strike calls in April 1997, and cites "military sources" as saying that "the Army will only get involved if the situation is clearly beyond the police's control" (5-11 Apr. 1997, 2). Other attachments describe security measures and limitations before the 20 October 1996 elections (IPS 16 Oct. 1996; ibid. 6 June 1996; Reuters 11 July 1996).

A Spanish-language article from the Honduran daily La Prensa reported in January 1997 that the new government had announced the withdrawal of personal security services provided for higher-level Sandinista leaders (16 Jan. 1997). The report cites a spokesman for the police forces as stating that, according to internal security regulations of the national police, former presidents of the state powers (legislative, electoral, judicial) are entitled to special protection during the succeeding presidential term; ministers lose their protection when they leave office, while heads of state are assigned lifetime protection (ibid.). However, some Sandinista leaders had been granted special protection by decision of the Chamorro administration (ibid.).

In March 1997 the new administration headed by Arnoldo Aleman announced the deployment of the army and police in the northern mountains to provide security to farmers who had been subjected to harassment and attacks by armed bands, and to punish those who refused to disarm with "the full weight of the law" (con todo el peso de la ley) (ibid. 11 Mar. 1997). Although the report does not specifically refer to pro-Sandinista armed bands, please consult the Q&A Paper Nicaragua Update for additional and more recent information on this subject.

La Prensa also reported in November 1996 that at least one former Sandinista military officer had publicly made "veiled threats" against the president of the Supreme Electoral Council (CSE) before official election results were made public (1 Nov. 1996). The mayor of Managua reportedly received threats from Sandinista sympathisers; a municipal spokesperson stated that the mayor had requested police protection after a Sandinista leader declared electoral victory for a Sandinista candidate and called on Sandinista groups to protect the assets of the municipality from pillaging by the current administration (ibid.). A police captain stated that police protection of the municipality was continuing, although the mayor had not made an official request for personal protection (ibid.). Police were maintaining a ban on public political demonstrations to prevent incidents seen during previous electoral processes (ibid.).

Before the elections, the electoral authorities were assigned special protection in anticipation of controversial announcements by the CSE: some 50 police and anti-riot agents were posted at the CSE facilities, and the police director announced that the police would "adopt the usual measures" (adoptará las medidas ordinarias) to ensure that CSE magistrates felt safe while exercising their responsibilities (ibid. 6 July 1996). However, the police director downplayed death threats received at the time by the CSE president, describing them as "political declarations" that should not be taken too seriously (a las que no debe darse mayor relevancia) (ibid.).

The previous month, the owner of a Managua radio station and president of the National Resistance Party (PRN) had reported that former resistance members ("contras") instigated by pro-Sandinista media had threatened to destroy his station and urgently requested police protection (ibid. 10 June 1996). A group linked to the former Nicaraguan Resistance (Resistencia Nicaraguense) were arrested in an investigation of a previous occupation of the radio station and later released; one of those detained, a handicapped war veteran and leader of the PRN who headed the occupation, was placed under house arrest following his release and was to appear before a tribunal to face charges (ibid.).

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.

References

La Prensa [San Pedro Sula]. 11 March 1997. "Presidente de Nicaragua amenaza a rearmados con una 'ultima oportunidad'." [Internet] [Accessed 17 Dec. 1997]

_____. 16 January 1997. "Nuevo gobierno retira proteccion policial a lideres sandinistas." [Internet] [Accessed 17 Dec. 1997]

_____. 1 November 1996. "Ex militares sandinistas amenazan a presidenta del Consejo Supremo Electoral." [Internet] [Accessed 17 Dec. 1997]

_____. 6 July 1996. "Policia nicaraguense en alerta por fallo del Tribunal Electoral." [Internet] [Accessed 17 Dec. 1997]

_____. 10 June 1996. "Breves: Denuncian amenazas para destruir radioemisora de Managua" and "Liberan cinco ex 'contras' investigados en toma de radio." [Internet] [Accessed 17 Dec. 1997]

Attachments

Central America Update. 5-11 April 1997. "Nicaragua: Sandinistas Call General Strike." [Internet] [Accessed 17 Dec. 1997]

Inter Press Service (IPS). 16 October 1996. Roberto Fonseca. "Elections—Nicaragua: Campaigns Close as Armed Groups Levy Voters." (NEXIS)

_____. 6 June 1996. Roberto Fonseca. "Nicaragua: Armed Gangs Threaten Voter Registration." (NEXIS)

Reuters. 11 July 1996. BC Cycle. "'Election Police' to Guard Nicaraguan Vote." (NEXIS)

United States Department of State. June 1996. Nicaragua—Profile of Asylum Claims & Country Conditions. Washington, DC: Bureau of Democracy, Human Rights and Labour, pp. 6-11.