16.
By way of background, the applicants states that the YATAMA organization was founded with
the aim of vindicating the territorial rights of the indigenous peoples on the Caribbean Coast and promoting
communal self-government through a “community democracy”, based on the uses and customs of the
indigenous peoples. Thus, YATAMA is reportedly at the forefront of the struggle for the vindication of the rights
of indigenous and Afro-descendant peoples, through various legal, political and even military mechanisms, at
the national and international level for the effective recognition of fundamental human rights. They referred to
the Matter of Yatama v. Nicaragua that concluded with the judgment of the Inter-American Court of Human
Rights in 2005. In that judgment, the Court concluded that the State should guarantee the participation of the
indigenous peoples of the Atlantic Coast of Nicaragua “from their own institutions and in accordance with their
values, uses, customs, and forms of organization”. The judgment urged the State to carry out a reform of the
electoral system to guarantee indigenous participation on an equal footing. It was indicated that this Court
judgment has not been complied with to date.
17.
In response to the crisis and the political repression of the Nicaraguan State, various civil
society organizations and political parties launched a project to form a broad spectrum “National Coalition”,
with the objective of becoming a political option to the current Nicaraguan government. On January 24, 2020,
YATAMA was invited to be part of the project of the National Coalition as a regional political party. On February
24, 2020, YATAMA signed the act of intention to form the National Coalition together with Alianza Cívica por la
Justicia y la Democracia (ACJD), Unidad Nacional Azul y Blanco (UNAB), and YATAMA, joined by the
organizations Fuerza Democrática Nicaragüense (FDN), Partido Liberal Constitucional (PLC), Partido
Restauración Democrático (PRD), and Movimiento Campesino (MC). With a view to drafting the Statutes of the
National Coalition, the so-called Multilateral Table was formed. The main objective at YATAMA was to position
the agenda of indigenous and Afro-descendant peoples on the opposition’s agenda and achieve compliance with
the judgment in the Matter of YATAMA v. Nicaragua.
18.
On April 22, 2021, through the National Assembly, the government promoted a process to
reform Electoral Law No. 330 and called for consultations with the political parties represented in the National
Assembly. Being at that time the only political party part of the National Coalition with a Member in the House
of Representatives in the Assembly, YATAMA presented a consolidated proposal on behalf of the National
Coalition before the Special Constitutional Commission for Electoral Matters of the National Assembly
(Comisión Especial Constitucional para Asuntos Electorales de la Asamblea Nacional). The document was
presented by the proposed beneficiary in his capacity as president and member of the House of Representatives
of YATAMA. However, it was not taken into consideration. On November 6, 2021, national elections were held.
Mr. Rivera Bryan was elected regional member of the House of Representatives by the YATAMA organization
for the period of 2022 – 2026.
19.
In April 2023, Mr. Rivera Bryan participated in the 22nd session of the United Nations
Permanent Forum on Indigenous Issues in New York. During his intervention in the interactive dialogue, he
denounced the situation of indigenous peoples and Afro-descendants in Nicaragua. Afterwards, when
attempting to take the flight back to Nicaragua, on April 24, 2023 from George Bush International Airport,
Houston, United States, the airline informed him that the Nicaraguan authorities did not authorize his entry
into the country. After remaining abroad for a few days, he entered the country where he remained in the
Mosquitia region of Nicaragua, North Caribbean Coast, under siege and persecution by the National Police, who
knew of his every move.
20.
Regarding his detention, the applicants alleged that at 8:00 a.m. on September 29, 2023, State
agents broke into Mr. Rivera Bryan’s residence located in the city of Bilwi, Autonomous Region of the Northern
Caribbean Coast. They first stated they were workers from the Ministry of Health (MINSA). Subsequently,
around 9:00 a.m., the National Police patrols violently entered the proposed beneficiary’s home. According to
the request, the National Police officers did not present a search or an arrest warrant. The proposed beneficiary
was allegedly beaten, handcuffed, and arrested.
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