12.
On February 9, 2023, the IACHR learned about the release of 222 people, who are deprived of
their liberty in Nicaragua due to political reasons, and who were deported to the United States of America on
the same day of their release in compliance with a judgment of Criminal Chamber One of the Managua Court of
Appeals. This chamber ordered the immediate deportation of these individuals and the revocation of their
Nicaraguan nationality. On the same day, the National Assembly approved reforms to Article 21 of the
Nicaraguan Political Constitution. This Article established the acquisition, loss, and recovery of nationality and
approved Law 1145 that regulates the loss of Nicaraguan nationality. The IACHR urged the State to release all
persons arbitrarily detained in the context of the crisis in Nicaragua, without this implying the loss of
nationality and deportation.24 In February 2023, the IACHR and the OHCHR stressed that more than 3,000
national and international NGOs that have been canceled since 2018. Their assets have been confiscated and
countless individuals have been left without access to their services or assistance. Therefore, they urged the
State to put an end to the incessant repression and persecution of those who seek the return of democracy in
Nicaragua or exercise their public freedoms25.
13.
In June 2023, the Commission expressed its concern at the new arbitrary detentions of
defenders, journalists, and members of the Catholic Church. The information mentioned that the judicial
proceedings lacked judicial guarantees and informed of a generalized context of lack of official information on
the whereabouts of the detained persons and their legal situation.26 More recently, in August 2023, the IACHR
and the Office of the United Nations High Commissioner for Human Rights for Central America and the Englishspeaking Caribbean (OHCHR) condemned the continued violations of his human rights, such as the lack of
access to medical care and essential medicines, the isolated detention since he has been in the La Modelo prison
system, and the limitation of family visits27. In August 2023, the IACHR and its Special Rapporteurs condemned
arbitrary interference with academic freedom, declaring the cancellation of the legal status and arbitrary
confiscation of the facilities of the Central American University (UCA), as well as the forced eviction of members
of the Society of Jesus from their residence.28
14.
On September 15, 2023, the IACHR urgedthe State of Nicaragua to cease the violations of
religious freedom, the persecution of the Catholic Church, and to release all persons who are arbitrarily
deprived of their liberty29.
III. SUMMARY OF FACTS AND ARGUMENTS
A.
Information provided in the request
15.
According to the request, the proposed beneficiary is Nancy Elizabeth Henriquez James,
Miskitu indigenous, regional member for the House of Representatives for the Autonomous Region of the
Northern Caribbean Coast of Nicaragua and president of the YATAMA organization (Yapti Tasba Masraka Nanih
Aslatakanka, “Children of Mother Earth United”). The proposed beneficiary was arrested on October 1, 2023
and to this day her whereabouts remain unknown. It is alleged that they were unable to obtain an order from
a competent judge and her location is therefore still unknown.
24
25
26
27
28
29
IACHR, Press Release No. 021/23. IACHR Welcomes Release of Political Prisoners in Nicaragua but Rejects Arbitrary Deprivation of
Nationality. February 13, 2023.
IACHR, Press Release No. 24/2023. The IACHR and OHCHR condemn the escalation of human rights violations in Nicaragua.
February 17, 2023.
IACHR. Press Release No. 123/23. IACHR Rejects Continued Repression and Human Rights Violations in Nicaragua. June 16, 2023
IACHR, Press Release No. 184/23. Nicaragua: IACHR and OHCHR urge the State to release Monsignor Rolando Álvarez and guarantee
his human rights. August 18, 2023.
IACHR, Press Release No. 201/23. Nicaragua: IACHR and its Special Rapporteurships Condemn Arbitrary Interferences to Academic
Freedom, August 29, 2023.
IACHR, Press Release No. 218/23. IACHR Urges the State of Nicaragua to Cease Persecution of the Catholic Church. September 15,
2023.
4