NCJ Number
133679
Date Published
1985
Length
171 pages
Annotation
This report examines Nicaragua's judicial system under the Sandinista government and its ability to protect human rights.
Abstract
The Lawyers Committee for Human Rights concludes that the regular judiciary in Nicaragua was generally independent under the Sandinistas, despite varied sources of pressure. Several developments, however, strained the court system. One of the most significant developments in this regard was the creation of Popular Anti-Somocista Tribunals (TPA's) to try persons charged with certain crimes against national security. Operating entirely outside the regular court system, TPA's reflected the government's tendency to bypass and thereby weaken Nicaragua's judicial system. TPA's lacked sufficient guarantees against bias and at times appeared to operate in an overtly political manner. Procedural aspects of TPA's undermined due process protections of defendants tried before them. Expedited time periods applicable to TPA trials sharply undercut counsel's ability to prepare an adequate defense. In addition, the fairness of TPA's was diminished by flexible evidentiary standards and less than rigorous burden of proof. Another development that strained the court system was a 1980 law empowering Nicaraguan police to impose prison sentences of up to 2 years. The power entrusted to police was subject to substantial abuse, and the lack of judicial review left defendants little hope of relief from improper detention. Certain forms of psychological coercion were commonly employed during the interrogation of pretrial detainees. Despite shortcomings, the Nicaraguan government took a number of positive steps to discipline security forces for committing human rights violations. In some cases, Nicaragua's judiciary showed a willingness to exercise its independence and to enforce human rights. A serious threat to judicial authority, however, was the executive branch's occasional refusal to honor judicial decisions. The report considers the right to personal security, arrest and detention, discipline for military abuses, human rights organizations, and the role of the United States and the Contra War. Footnotes