Freedom of Speech

Inter American Commission on Human Rights Files Case Against Nicaragua for the Murder of Journalist and Calls for the Nation to Cease its Pursuit of Human Rights Activists

By: Emma Bissell

Impunity Watch News Staff Writer

 

Nicaragua – The Inter American Commission of Human Rights concluded the State of Nicaragua liable for the murder of journalist Ángel Gahona López while he was covering a protest and urgently calls for their continued human rights violations to cease.

 
Members of the community honor Ángel Gahona López after he was killed while covering a protest. Photo Courtesy of Noticiero El Meridiano.
  

On July 4th, 2024, The Inter-American Commission on Human Rights (The Commission) filed a case with the Inter American Court of Human Rights (IACHR) against Nicaragua concerning the execution of journalist Ángel Gahona López on April 21, 2018. The Commission concluded that the State of Nicaragua is responsible for violating Lopez’s rights to life and freedom of expression and concluded that the State failed to provide evidence to support the use of force against Lopez given the amplified and intense circumstances.

While covering protests against State violence in April 2018, Lopez was fatally shot. Although he did receive medical assistance from nearby civilians, witnesses reported that state officials present at the scene failed to provide any aid, further indicating that this was motivated by the state itself rather than being a random and unfortunate occurrence. Lopez died just a few hours later. The Merits Report indicated that a state agent was responsible for the murder and also indicated that the murder was linked to Lopez’s work as a journalist reporting on anti-government protests.

The Commission ultimately concluded that the State of Nicaragua violated the American Convention on Human Rights’ articles 4.1, 8.1, 13, and 25. These articles pertain to individuals having the right to an impartial hearing, freedom of thought and expression, to have their life respected, and the right to judicial protection.

Two young men were initially convicted of his murder but were released in 2019 under Law 966, which is also known as the amnesty law. This law was passed by the National Assembly of Nicaragua and intended to provide “broad amnesty” to all people who played a role in events throughout the country from April 18th, 2018, until the law entered force. This essentially applied to political crimes, and otherwise related crimes, which is why the two men were released. The Commission previously denounced this law on the grounds that it would exonerate those who committed grave human rights violations.

After finding the State of Nicaragua at fault, the Commission suggested that the State, in response to an array of human rights violations over the last 10 years, undertake reparations such as providing financial compensation to victims of human rights violations, conducting thorough investigations into matters such as Lopez’s death, and implementing protocols to prevent repetition of these ghastly acts.

The death of Ángel Gahona López was not an isolated incident. The State of Nicaragua has committed a lengthy series of human rights violations over the last several years. In fact, the Commission recently published a statement condemning the State for depriving its citizens of basic human rights and imprisoning many of them in appalling conditions. The Commission is not only calling upon the Nicaraguan government to cease its relentless persecution of human rights defenders but has also called upon the international community to provide support to those suffering at the hands of the government.

Unfortunately, as evidenced by the death of Ángel Gahona López, the plight of journalists in Nicaragua and other Central American countries, as well as internationally, is dire. In 2018 alone, there were 95 journalists killed on the job. Lopez’s death not only added to the number of journalists killed worldwide but is just one more example of the many heinous acts committed by the Nicaraguan government over the last decade.

 

For further information, please see:

IACHR – OAS – American Convention on Human Rights – 22 Nov. 1969

IACHR – OAS – Expresses Concern Over the Passing of Amnesty – 12 June 2019

IACHR – OAS – Files Case with IA Court Over Journalists Death and Ongoing Impunity in Nicaragua – 1 Oct. 2019

IACHR – OAS – Condems Grave Human Rights Violations Against People Deprived of Their Freedom in Nicaragua – 9 Oct. 2024

IFJ – In the Shadow of Violence; Journalists and Media Staff Killed in 2018 – 2019

 

 

 

 

IACHR and Special Rapporteurship for Freedom and Expression Show Concern Over Continued Repression of Indigenous Communities in Nicaragua

By: Gavin Gretsky

Impunity Watch News Staff Writer

NICARAGUA – The Special Rapporteurship for Freedom and Expression (RELE) of the Inter-American Commission of Human Rights (IACHR) recently released a statement expressing concern over the repression of indigenous communities along the Caribbean coast of Nicaragua. RELE and the IACHR expressed concern over violence by settlers against native communities, the shutdown of indigenous radio stations, and the YATAMA party having its status revoked.

 
A woman protests outside of the Organization of the American States against human rights violations committed by the Nicaraguan government | Photo Courtesy of AP
  

Settlers encroaching into indigenous communities has been an ongoing issue for indigenous communities in Nicaragua, however the encroachment and violence has escalated recently. The land inhabited by the Mayanga and Miskito along the Atlantic coast of Nicaragua is traditionally used for small scale farming, hunting, and fishing. According to community leaders, settlers forcibly occupy these lands for the purpose of commercial exploitation of natural resources. This occupation is often combined with violence, resulting in property destruction, kidnappings, and murder. Despite this violence, there has been no action by the government to prevent further conflict.  While the IACHR has directed the Nicaraguan government to protect these communities the government has not responded despite Nicaragua’s acceptance of the IACHR’s jurisdiction.

The closure of indigenous radio stations also concerned the IACHR and RELE. In the coastal Caribbean region, there were two indigenous radio stations that had been in operation for over two decades, run by the YATAMA opposition party, and were primarily used to advocate for and spread indigenous culture, often in indigenous languages. The Nicaraguan telecommunications regulator stated that the radio stations were confiscated by the government due to operating without the proper permits. However, local leaders state that this was done to silence opposition to the government. The IACHR and RELE are concerned with the closure of the radio stations because they served an important role in facilitating public debate and their closure creates “silence areas” where only state run media is available.

Lastly, the IACHR and RELE brought attention to the legal status of the YATAMA party being revoked. YATAMA was a political party in opposition to the governing FSLN party and is rooted in the Miskito people, the largest indigenous community in Nicaragua. The Supreme Electoral Council announced the revocation came because YATAMA “misrepresented reality in the country” in violation of Act 1055. Prior to its revocation, YATAMA was the only political party that could challenge the FSLN in the coastal regions of Nicaragua. The revocation also comes on the eve of regional elections, which advocates state was done to create a single-party system.

Additionally, YATAMA leaders have also come under attack from the government. Former party leaders, Brooklyn Rivera and Elizabeth Henriquez were both arrested with no reason given by the government and their whereabouts are currently unknown according to IACHR. The IACHR stated that this restriction on political opposition would violate many rights and freedoms, including the freedom of expression and association.

In its conclusion, the IACHR and RELE called on the Nicaraguan government to end its repression against indigenous peoples, against YATAMA, and to provide the location and health conditions of those arrested.

For further information, please see:

ABC News – Indigenous people in northeast Nicaragua say armed settlers are pushing them off their land – 10 Aug. 2023

Confidencial – Ortega’s Elimination of the Yatama Party: A mistake of the past and present – 10 Oct. 2023

Havana Times – Police Arrest Indigenous Legislator from Her Home – 2 Oct. 2023

IACHR – IACHR and Its Special Rapporteurship for Freedom of Expression Urge Nicaragua to End Repression Against Indigenous Communities in Its Caribbean Coast – 10 Oct. 2023

UNHR – Oral update by the ASG on the Situation of Human Rights in Nicaragua – 3 Mar. 2023

Reuters – Nicaraguan indigenous party says government has barred it ahead of local elections – 4 Oct. 2023

The Tico Times – Nicaragua Accused of Attacking Miskito People – 8 Oct. 2023

The European Court of Human Rights Vindicates Dismissed Bulgarian Judge on Grounds of Freedom of Expression

By: Angelica Judge

Journal of Global Rights and Organizations, Associate Articles Editor

STRASBOURG, France – The European Court of Human Rights ruled in favor of Miroslava Todorova, a Bulgarian judge, on October 19, 2021 regarding a violation of her freedom of expression.

Photograph of Judge Miroslava Todorova. Photo Courtesy of noinvite.com.

Todorova is a judge in the criminal division of Sofia City Court in Bulgaria, and was elected president of the Bulgarian union of Judges (BUJ) in 2009.  During that time, she was publically critical of certain leadership decisions and statements within the Supreme Judicial Council (SJC).

A proposal was brought to the SJC Inspector General in July of 2011 for disciplinary proceedings to be instated against judges with a backlog of cases – with Todorova being named as one such judge. She suffered a salary reduction followed later by dismissal, and after a series of appeals, her case came before the ECtHR.

She alleged several claims under the European Convention on Human Rights, and the court found that her Article 10 right to freedom of expression had been violated. The court argued that “Those proceedings and sanctions could… have had a chilling effect on the applicant’s exercise of her freedom of expression and on that of all members of the national judiciary,” as a result of her previous comments criticizing the SJC. In coming to this decision, the court weighed what they felt to be an inadequate showing by the domestic authorities that the sanctions here were “necessary and appropriate to the legitimate aims pursued in the case.”  

The ECtHR recognized that judges still must be subject to appropriate sanctions following breaches of professional duty due to exercising their right to freedom of expression. However, if the discipline is suspected of being retaliatory, the domestic authorities must show that the sanctions were legitimate.  

Todorova had several other claims that were either unsuccessful, or were read in conjunction with the Article 10 violation. For example, the court did not find that there was a violation to Article 8 of the Convention, which provides for an individual’s right to respect for their private and family life. The basis for this claim was that the disciplinary proceedings caused significant media coverage that may have damaged her reputation. However, the court found that the media coverage was fairly balanced in terms of positive and negative attention. Proving this violation requires a standard of severity that the court felt was lacking.

Despite Todorova being unsuccessful in some of her claims, the court unanimously agreeing that there was a violation of her freedom of expression is a significant victory after a legal battle that had lasted for several years.

For further Information, please see:

American Society of International Law – ECtHR Issues Two Judgments on Freedom of Expression – 19 Oct. 2021

EU Law Live – Disciplinary proceedings against Bulgarian judge Miroslava Todorova breached freedom of expression ECtHR rules – 19 Oct. 2021

European Court of Human Rights – European Convention on Human Rights – 2 Oct. 2013

European Court of Human Rights – Disciplinary Proceedings Against and Sanctions Imposed on the Applicant, a Judge and President of the Bulgarian Union of Judges, Violated her Right to Freedom of Expression – 19 Oct. 2021

Radio Bulgaria – Judge Miroslava Todorova wins case against Bulgaria at the European Court of Human Rights – 19 Oct. 2021

Azerbaijani Government’s Act of Gagging Opposition Activists Violates Freedom of Expression

By: Ositadinma Nwosu

Impunity Watch News Staff Writer

STRASBOURG, France – Activists against the Azerbaijani Government submitted an application to the European Court of Human Rights (the Chamber) for the determination on whether the applicants’ right to freedom of expression under the provisions of Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) was violated by the government. The Chamber found for the applicants.

Azeri riot policemen detain protestors in central Baku, Azerbaijan on Jan. 26, 2013. Photo Courtesy of Tofik Babayev/AFP/Getty Images.

The opposition activists are members of Nida and Free Youth Organization, civic movements founded in 2011 in Baku, capital of Azerbaijan, whose aim was to defend the constitutional and human rights of Azerbaijanis, preserve democratic values, increase the socio-political activeness of young people, and advocate for the rights of students in Azerbaijan. The organizations have most agitated for political change in the country and the applicants, in particular, were extremely vocal in their opposition against the government of Azerbaijan.

In 2013, with an intention to sensitize the public of their rights, especially as provided for in Chapter 1 of the Azerbaijan Constitution, the applicants distributed leaflets at an underground station in Baku and were arrested and detained by the police.

They were found to be guilty, after their rights to legal representation were denied, and sentenced to fifteen days in prison for pasting and handing out anti-government leaflets and for disobeying a lawful order given by a police officer. The applicants’ appeal to the Baku Court of Appeal was dismissed and the judgment of the lower court was upheld.   

Presenting their arguments before the Chamber, the applicants submitted that their right to freedom of expression in Article 10 was violated when they were arrested, detained, and convicted for distributing leaflets which did not contain any expression against the public or the interests of national security. On the other hand, the government argued that the arrest and arraignment of the applicants was due to public disorder and noise caused by the distribution of the leaflets, and not related to their freedom of expression. It is important to note that this argument by the government was neither raised at the domestic courts nor supported by any evidence before the Chamber.

The Chamber found that there was an unlawful interference with the applicants’ right to freedom of expression under Article 10, §2 of the Convention which provides that any interference must be prescribed by law. The Chamber found that the leaflets distributed by the applicants did not contain any speech or ideas prohibited by Azerbaijani domestic law and subsequently, they should not have been charged under it. Therefore, the violation of the right to freedom of expression of the applicants was not justified and it was more of an attempt by the government to silence opposition since the applicants were members of the major opposition organizations.

The Chamber awarded the sum of €5,850 to each applicant as non-pecuniary damage but refused their claim for cost and expenses since they did not support these claims with necessary documents. The Chamber further noted that it had dealt with similar cases involving the government of Azerbaijan and members of the Nida and Free Youth Organization, and the government’s actions in these cases illustrate a pattern.

For further information, please see:

Free Youth Organization – About FYO – accessed on 22 Oct. 2021.

Open Democracy – Meet N!DA, the exclamation mark that terrified the Azerbaijani authorities – 25 May 2016.

Refworld – Azerbaijan: Three youth activists sentenced and four detained ahead of presidential election – 17 July 2013.

The European Court of Human Rights – Case of HASANOV AND MAJIDLI v. AZERBAIJAN – 7 Oct. 2021.

U.S. Sanctions on ICC Officials on Hold

By: Andreas Munguia

Journal of Global Rights and Organizations, Associate Articles Editor

NEW YORK, United States – On November 4, 2021, a federal judge in the Southern District of New York granted a preliminary injunction blocking an executive order issued by the Trump Administration in June of last year, which threatened to impose sanctions on the International Criminal Court’s (ICC) officials and “any foreign person” assisting ongoing investigations by the court into suspected human rights abuses and other crimes by U.S. military personnel in Afghanistan between 2003 and 2014. The ICC, which holds jurisdiction over investigations and prosecutions of individuals accused of war crimes, called the Trump Administration’s move an attack on international criminal justice and referred to it as an attempt to interfere with the court’s independence and its responsibility to investigate suspected war crimes. The European Union had also expressed its opposition to the move.

Former U.S. Secretary of State Mike Pompeo spoke about a Trump administration executive order on the International Criminal Court as Former Defense Secretary Mark Esper listens during a joint news conference at the State Department in Washington, U.S. on June 11, 2020. Photo Courtesy of Yuri Gripas and Reuters.

Four dual-national U.S. international law professors and the Open Society Justice Initiative, a human rights organization based in New York, challenged the executive order on the ground that it was a violation of their First Amendment right to free speech. The plaintiffs – both of whom often interact with the ICC and the Office of the Prosecutor through, for example, trainings, advice, or amicus briefs – were concerned that their interactions with the court would potentially be considered “prohibited transactions” with ICC Prosecutor Fatou Bensouda and Phakiso Mochochoko, a senior member of the prosecutor’s office. If these interactions were in fact considered “prohibited transactions” with Bensouda and Mochochoko, both of whom faced sanctions under the executive order, the plaintiffs would be subject to prosecution. In addition, because the executive order allows for sanctions to be imposed on “entities that have materially assisted designated persons,” the plaintiffs were also concerned that they would face sanctions themselves.   

The district court granted the preliminary injunction on the ground that there was a high likelihood that the plaintiffs would succeed on their First Amendment claim. According to the court, the regulations under the executive order are “content-based restrictions on free speech,” because speech in support of Bensouda or Mochochoko is prohibited while speech against them is not. Therefore, such regulations are subject to strict scrutiny under which the government must show that the regulations are narrowly tailored to a compelling state interest.   

While the court did not question the government’s stated interest in “protecting the personnel of the United States and its allies from investigation, arrest, detention, and prosecution by the ICC without the consent of the United States or its allies,” the court found that the restrictions were not narrowly tailored toward such stated interest due to the fact they also prohibited speech that was not relevant to that interest. For example, the regulations also prohibited speech pertaining to ICC investigations that did not involve the U.S. and its allies.

The litigation is ongoing, and the government must respond to the plaintiff’s complaint by January 19, 2021. However, there is a chance that President Biden may rescind former President Trump’s executive order, and thus eliminate the need for further litigation.

For further information, please see:

Human Rights Watch – US Sanctions on the International Criminal Court – 14 Dec. 2020

Just Security – ICC Associates Win Temporary Reprieve from Draconian US Sanctions – 05 Jan. 2021

Law360 Legal News – Trump’s Move to Sanction ICC Officials On Hold, For Now – 04 Jan.  2021

Reuters – U.S. judge blocks Trump’s sanctions targeting human rights lawyers, war crimes tribunal – 04 Jan. 2021