CASE STUDY: EXILED NICARAGUAN
HUMAN RIGHTS DEFENDERS IN COSTA RICA
of expression, assembly, and association, often mounting
parallel demonstrations in the same places where they were
denied the permit. Notable demonstrations include women
rights and feminist groups, demonstrations denouncing
electoral fraud in 2008 municipal elections and 2011 national
elections, the LGBTIQ+ march since 2008 and the major
demonstration in 2013 organized by a campesino group
against the construction of the interoceanic canal and against
the exploitative extractive mining practices in Santo Domingo
and León. The government’s approach has been to use civilian
groups—usually government or municipal employees—
against protesters, often backed by the police.10
320 assassinations, hundreds of arbitrary detentions,
thousands injured and tens of thousands fleeing for safety in
neighboring Costa Rica.11
CSOs have also been threatened by the Ortega-Murillo
regime, particularly feminist and human rights groups,
facing frequent acts of persecution. Measures against
freedom of association including harassment of tax
institutions, discretionary requirements of the Department
for Registration and Control of Associations (DRCA),
investigations and fines by the Institute of Nicaraguan Social
Security (INSS), withholdings of donations or equipment
by the General Directorate of Customs (DGA), delays in the
delivery of certificates of compliance or letters of legality,
cancellation of the frequencies of community radios owned
by civil organizations and confiscations of equipment
by telecommunications authorities (TELCOR). In recent
years, some of the CSOs have been denied the annual
Certification of Compliance despite having delivered all the
requirements—the certification is required by banks for
funding, particularly when requesting external funds.
Since 2018, the opposition movement has continually
been subject to violence and repression—characterized
by harassment, attacks, threats, persecution of opponents,
leaders, communicators and journalists, political prisoners,
HRDs and activists. Throughout the year, arbitrary detentions
of opposition figures continued for short periods, all for
purposes of intimidation. As of July 13, 2021, there are still 136
political prisoners resulting from the April 2018 protests.13
Some have been charged while others are awaiting their
trials, usually under sham charges such as drug trafficking and
weapons possession.
Journalists and independent media outlets have also suffered
persecution, solidifying the government’s rejection of an
independent media in the country. Some have reported being
barred from official information sessions and press briefings,
and face accusations and lawsuits, as well as barriers to access
to inputs for production, such as paper or ink for newspapers.
April 2018 protests
The April 18, 2018, protests represented a watershed
moment for the Ortega-Murillo regime and the Nicaraguan
people. After a fire broke out in the Indio Maiz reserve,
thousands of Nicaraguan citizens across different parts of
the country protested the government’s mismanagement.
Protests lasted for several months after the initial April
protests and were harshly suppressed by the government.
In less than a year, the government was responsible for
6
@FreedomHouse
Under pressure and feeling threatened, the Ortega-Murillo
prohibited any future protests and attacked independent
media outlets, such as Radio Darío, whose headquarters was
later attacked by a paramilitary pro-government group and
set on fire with journalists still inside.12 Not soon after the
protests, the Nicaragua government arbitrarily cancelled the
legal status of nine CSOs, expelling them from their offices
and taking over their property.
Legal framework - Laws and reforms
used to reinforce persecution and
violence against the opposition
Since the beginning of the crisis, the Ortega-Murillo regime,
with assistance of the National Assembly, has approved
several laws that are structured in enforcing repressive
measures and government control, using different powers of
the state. Most notably since April 2018, they have approved a
series of laws that have solidified their control including:
• Law 976, Law of the Financial Analysis Unit14
• Law 977, Law Against Money Laundering, Terrorism
Financing and Financing the Proliferation of Weapons of
Mass Destruction and its regulations15
Both laws reconceptualize the notion of “terrorism,” a
familiar tactic of authoritarian regimes, allowing for a broad
interpretation of the concept to prosecute opposition voices.
Under reforms to articles 394 and 395 on the Penal Code, the
Nicaraguan government rejects the international conventions
on the matter and does not comply with the guidelines
established by the Financial Action Task Force (FATF)16 for