Inter-American Rights Watch

IACHR Issues Judgement Against Nicaragua for Violating Political Rights in 2011 Election

By: Jesse Elmer

Impunity Watch News Staff Writer         

 

SAN JOSÉ, Costa Rica – The Inter-American Court of Human Rights ruled that the State of Nicaragua violated political rights, judicial guarantees and judicial protection of Mr. Fabio Gadea Mantilla in the 2011 presidential elections. The IACHR determined that the judicial system of Nicaragua lacked an effective judicial remedy to review decisions.

 
Fabio Gadea Mantilla giving a speech. Photo Courtesy of El País.
  

            Bolivian attorney Jaime Aparicio, one of Mr. Mantilla’s representatives, discussed the importance of the ruling. He commented, “this is one of the first times the court refers to the electoral issue, meaning that it incorporates the protection of the right to be elected in free and transparent elections into human rights violations.”

            This holding follows a year where the Inter-American Court of Human Rights took action on multiple fronts to protect free and fair elections in the Americas. On 30 April 2024, the IACHR released a resolution recognizing election observers as human rights defenders. This resolution mirrored recent statements issued by the UN. The IACHR also issued an extensive report regarding human rights violations in Venezuela following the presidential election of July  2024. Following the election results, the State of Venezuela under President Nicolas Maduro arrested protestors en masse, generating reports of torture and extrajudicial killings.

            The IACHR’s holding came the same week as the President of Nicaragua consolidated power. President Daniel Ortega proposed widespread reform to extend executive control over judicial and legislative duties. Under these reforms, the president would have the authority to order the army to intervene to support the police or take executive branch positions. International commentators from the UN have expressed concern about the appointment of Ortega’s wife as “co-president” and a newfound ability for either co-president to name “vice presidents.” This mechanism could be used to keep the presidency of Nicaragua within the family, strengthening the autocratic regime.   

 

For further information, please see:

IACHR – Judgment Regarding Fabio Gadea Mantilla – 23 Jan. 2025

Confidencial – IACHR Rules Against Nicaragua, Stating That “Indefinite Reelection is not a Human Right” – 27 Jan. 2025

JURIST News – IACHR report highlights extensive human rights violations following Venezuela presidential election – 7 Jan. 2025

Reuters – Nicaragua’s Ortega Expands Power as Reforms Win Final Approval – 30 Jan. 2025

Verfassgungsblog – The Inter-American Commission Recognizes Electoral Observers as Human Rights Defenders – 03 Oct. 2024.

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

 

 

 

 

ICHR Finds Ecuador Responsible for Violating Whistleblower’s Freedom of Expression

By: Carlos Dominguez Scheid

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Court of Human Rights (ICHR) issued a decision on November 27, 2023, with formal notification delivered on March 22, 2024, ruling that Ecuador is responsible for violating the freedom of expression of a whistleblower who reported corruption within the country’s Armed Forces.

 
Julio Rogelio Viteri Ungaretti | Photo courtesy of BBC News.
  

The Court’s judgment emphasizes the critical role of freedom of speech in ensuring transparency and accountability in government operations. It brings to light the significant challenges faced by individuals exposing misconduct, especially within military contexts, and establishes an important precedent for handling similar cases across the region.

The case involves Mr. Julio Rogelio Viteri Ungaretti, who reported suspected corruption within the Armed Forces in 2000, resulting in several sanctions against him. The Court reviewed the effects of corruption on democracy and human rights, emphasizing the necessity for states to create a supportive environment for whistleblowers and individuals engaged in anti-corruption activities.

The Court discussed the responsibility following the exercise of free speech concerning corruption allegations, noting that such cases are of public interest due to their impact on human rights. It affirmed the importance of society’s right to be informed about corruption, making such disclosures a protected form of speech under Article 13 of the American Convention on Human Rights.

The Court stressed that public officials have both the right and duty to report corruption based on reasonable belief and are expected to verify the accuracy of their information as much as possible, without having to confirm its authenticity at the time of reporting. The state is urged to provide adequate channels to facilitate reporting and ensure the protection of whistleblowers, including safeguarding their identity and personal integrity.

Finally, the Court assessed the repercussions of penalizing individuals for exercising their freedom of expression in reporting suspected corruption. It recognized that allegations of corruption involving public officials hold significant public interest and affect human rights, warranting special protection under Article 13 of the Convention. The Court stressed the importance of providing adequate channels for reporting corruption, underscoring the need to facilitate these disclosures and protect those who come forward.

For further information, please see:

Caso Viteri Ungaretti y Otros vs. Ecuador—2022  

Corte Interamericana De Derechos Humanos Caso Viteri Ungaretti Y Otros Vs. Ecuador—27 Nov. 2023

Diplomat Flees To Market Town—26 Nov. 2022

IACHR refers case on Ecuador to the Inter-American Court—16 July 2021

 

 

 

 

 

IACHR Rules Peru’s Failure to Monitor Metal Refinery Violates Citizens’ Rights to a Healthy Environment

By: Jacob Riederer

Impunity Watch News Staff Writer

San Jose, Costa Rica – On March 22, 2024, the Inter-American Court of Human Rights (IACHR) issued a ruling declaring that the Peruvian government’s lack of supervision and oversight of a metal refinery in the city of La Oroyoa led to violations of human rights of citizens, including the right to a healthy environment.  

 
Smelting and refining of Metals at CLMO have made La Oroya one of the most polluted cities in the world. | Photo courtesy of TIME/Matthew Burpee.
  

La Oroya, located about 50 miles northeast of Lima in Central Peru, has a population of 33,000.  Complejo Metalúrgico de La Oroya (CMLO), the refinery in question, has operated in that region for more than 100 years. During this time, it has refined metals with high concentrations of copper, zinc, and arsenic, among other compounds. It is currently a private company, although it was previously controlled and operated by Peruvian officials. 

CMLO has generated significant pollution. In the past, La Oroya was one of the most polluted cities in the world in large part because of the refinery. Presently, air pollution levels in the city far exceed environmental guidelines required by Peruvian law. 

The current case was brought against the Government of Peru by 80 residents of La Oroya, who have suffered the harmful effects of CMLO’s pollution. CMLO’s actions have exposed residents to chemicals such as lead, cadmium, arsenic and sulfur dioxide. As a result, many people in La Oroya have developed respiratory, heart, skin, and psychological conditions.

In its ruling, the IACHR held Peru responsible for violating the right to a healthy environment by failing to properly monitor and regulate CMLO.  Other violations included the right to a dignified life and personal integrity because of this pollution, which has significantly affected the quality of life of its victims who are plagued by disease. The Court also noted the government’s failure to provide adequate health care to citizens affected by the refinery’s pollution. 

In response to the violations the court ordered the following: the Government of Peru must 1) conduct tests to determine how polluted the air, water, and soil are in La Oroya are and create a plan for remediation; 2) provide specialized medical care at no cost to the victims; 3) improve air quality standsa; 4) develop a monitoring system for air, water and soil pollution; and 5) award damages to victims and their families.

For further information, please see:

IACHR – Comunicado de Prensa, Caso de Habitantes de La Oroya vs. Peru – 24 MAR 2024 –

IACHR – Sentencia, Caso de Habitantes de La Oroya vs. Peru – 27 Nov 2023

Inside Climate News – International Court Issues First-Ever Decision Enforcing the Right to a Healthy Environment – 29 Mar 2029

TIME – T he World’s Most Polluted Places, La Oroya Peru – 2007

La Republica – Peru Is Responsible for the Pollution in La Oroya – 22 Mar 2024

Yahoo News – Rights Court Condemns Peru Over One of world’s Most Polluted Towns – 22 Mar 2024

 

 

 

IACHR Grants Precautionary Measures to Protect Three Individuals in Nicaragua Amid Ongoing Concerns Over Human Rights Violations

By: Rabiya Shamim

Impunity Watch News Staff Writer

SAN JOSE, Costa Rica – The Inter-American Commission on Human Rights (IACHR) recently issued Resolution 7/2024, granting precautionary measures for three individuals held in Nicaragua. The resolution directly benefits Eddy Antonio Castillo Muñoz, Nelly Griselda López García, and Juan Carlos Baquedano, who are allegedly being attacked, denied access to necessary medical care, and detained in multiple prisons in substandard conditions, according to the Commission press release.

 
Crosses are seen on top of a Nicaraguan flag during a demonstration to commemorate Nicaragua’s National Day of Peace. | Photo courtesy of Jose Cordero / AFP via Getty Images)AFP VIA GETTY IMAGES.
  

The IACHR serves as an advisory body on human rights issues and is made up of seven independent members elected by the General Assembly of the Organization of American States (OAS). The precautionary measures requested by the Commission include providing access to medical care and medication, facilitating communication with family members and legal representatives, ensuring the safety and well-being of the beneficiaries, and considering alternative measures to detention. These measures are intended to mitigate the risks faced by individuals and prevent further violations of their rights.

Precautionary measures are granted to highlight the urgency of addressing the reported human rights violations in Nicaragua, without prejudging any potential petitions that may be filed to the inter-American system. As required by the OAS Charter and the American Convention on Human Rights, it is part of a broader effort to promote the observance and defense of human rights in the area.

Due to ongoing concerns about political repression and human rights abuses in Nicaragua, the situation has drawn international attention. The involvement of the IACHR highlights the significance of independent oversight mechanisms in ensuring that governments are held accountable for their actions and safeguarding the rights of individuals, particularly those who are vulnerable to discrimination or persecution.

In addition to the IACHR’s resolution, several organizations such as Human Rights Watch, Amnesty International and the United Nations Office of the High Commissioner for Human Rights have reported on the situation and challenges faced by the people of Nicaragua.

Human Rights Watch has reported cases of judicial harassment and political persecution targeting opposition leaders and government opponents. Similarly, Amnesty International’s annual reports on Nicaragua highlighted attacks on human rights defenders, censorship and arbitrary arrests and The United Nations Office of the High Commissioner for Human Rights has demanded independent investigations into allegations of abuses of human rights in Nicaragua.

For further information, please see:

Amnesty International – Nicaragua – 2022  

Human Rights Watch – Nicaragua Events of 2023 – 2023

IACHR – IACHR Grants Precautionary Measures to Eddy Castillo Muñoz, Nelly López García, and Juan Carlos Baquedano in Nicaragua – 2 Mar. 2024

OAS – INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION – Jul. 2024

United Nations Office of the High Commissioner for Human Rights – Group of Human Rights Experts on Nicaragua – N.D.