135 political prisoners expelled from Nicaragua; closure of 1,500 CSOs within one month

Association

Nicaraguan authorities expel 135 political prisoners and revoke their nationality

On 5th September 2024, the Nicaraguan government released 135 political prisoners, citing humanitarian grounds, after they had been arbitrarily detained under harsh conditions. Reports indicate that these prisoners, including activists, journalists and religious leaders, endured alleged torture and ill-treatment while in custody. Following their release, they were expelled to Guatemala.

This action came in response to growing international pressure, particularly from the USA, which facilitated the release through diplomatic channels. According to the U.S. Department of State, those released will be provided with legal pathways to resettle in the USA or other countries upon their arrival in Guatemala. As of September 2024, the Mechanism for the Recognition of Political Prisoners in Nicaragua reported at least 45 political prisoners, including indigenous leaders, political opponents and state employees.

On 9th September 2024, the Supreme Court of Nicaragua issued a ruling revoking the nationality of the 135 released prisoners and ordering the confiscation of their assets. The ruling was based on Law No. 1055, the Law for the Defense of the People’s Rights to Independence, Sovereignty and Self-Determination for Peace, and Special Law No. 1145, which regulates the loss of Nicaraguan nationality.

The Supreme Court stated that the ruling followed a judicial resolution from the Managua Court of Appeals, which alleged that the people were convicted of criminal acts undermining Nicaragua’s sovereignty, independence and self-determination. According to the court, the 135 people also incited violence, hatred, terrorism and economic destabilisation, disrupting peace, security and constitutional order.

This recent wave of expulsions and stripping of nationality has increased concerns about the Nicaraguan government’s systematic targeting of those seen as opponents. The Office of the High Commissioner for Human Rights (OHCHR) reported that in 2023, at least 317 people (60 women and 257 men) were arbitrarily deprived of their nationality by the authorities. This action violates international human rights law, leaving many stateless, with serious long-term impacts on their rights.

On 11th September, human rights organisations called for an end to the persecution of critical voices, the reinstatement of free expression and compliance with international human rights standards. The international community was urged to maintain its solidarity and support for those affected.

New legal reforms target political dissidents and exiles

On 3rd September 2024, the National Assembly approved significant amendments to the Penal Code, further expanding the government’s ability to prosecute perceived dissent. These reforms permit the prosecution of Nicaraguan citizens or foreign nationals for offences allegedly committed outside the country, including crimes against the public administration, the State, or its institutions.

The reforms include provisions allowing for absentia prosecution, particularly affecting Nicaraguans in exile or those stripped of their nationality. Under this legal framework, people accused of crimes such as terrorism, money laundering, or offences against public order can face penalties ranging from fines to imprisonment, with sentences extending to 30 years in cases of severe offences. The authorities have justified these reforms as measures to strengthen national security and the legal system.

A new wave of CSO closures, amidst tightened regulatory framework

In August 2024, the Nicaraguan government took unprecedented legal action affecting civil society organisations (CSOs) operating in the country. On 19th August 2024, the Minister of the Interior issued Ministerial Agreement 38-2024-OSFL, which led to the massive cancellation of the legal status of 1,500 CSOs, including at least 700 religious groups, some of the last influential and independent organisations in the country.

The grounds for this decision, as stated in the resolution, was the failure of these organisations to submit financial statements for periods ranging from one to 35 years. Under the same resolution, the movable and immovable assets of the affected organisations will be transferred to the state through the Attorney General’s Office. These cancellations were enacted under the framework of Law No. 1115, the General Law for the Regulation and Control of Non-Profit Organisations (OSFLs), as well as additional regulations governing the oversight of non-profit entities.

On 20th August 2024, the National Assembly approved amendments to Law No. 1115 and Law No. 1040, the Foreign Agents Regulation Act. These reforms introduced stricter regulations for both domestic and foreign CSOs operating in the country, establishing a new framework for the operation of OSFLs, particularly when they engage in projects or programmes connected to areas of responsibility legally assigned to state entities. Under this framework, referred to as “partnership alliances”, OSFLs are now required to collaborate directly with government institutions in any initiative related to these state functions.

On 13th September 2024, President Daniel Ortega Saavedra issued Decree No. 13-2024, which developed the regulation of the “partnership alliances” model for OSFLs. The decree stipulates that no civil society action can proceed without prior approval from either the Ministry of the Interior or the Ministry of Foreign Affairs, adding another layer of state-heavy oversight.

The arbitrary cancellation of 1,500 CSOs and the introduction of stricter regulations have drawn widespread concern from international human rights bodies. For instance, on 20th August 2024, Liz Throssell, the spokesperson for the Office of the United Nations High Commissioner for Human Rights (OHCHR), urged the Nicaraguan government to cease imposing severe restrictions on civil society and democratic spaces. She emphasised the need for Nicaragua to ensure that human rights are respected in accordance with its international human rights obligations.

Similarly, the Inter-American Commission on Human Rights (IACHR) issued a statement on 22nd August 2024, calling on Nicaraguan authorities to halt repressive actions and to restore the full exercise of fundamental rights and freedoms in the country. The IACHR expressed concern over the broad-reaching impact of these legal changes on the civic space and the fundamental rights of freedom of expression and association.

The shutdown of over 5,664 CSOs in Nicaragua by August 2024 marks a significant deterioration in the country’s civic space and exemplifies the most severe manifestation of the state’s assaults on pluralism. According to the Central American Association for Development and Democracy (ACDD), nearly 80 per cent of NGOs operating between 2007 and 2024 were arbitrarily dissolved.

UN report highlights systematic repression of Indigenous and Afro-descendant leaders

On 10th September 2024, the UN Group of Human Rights Experts on Nicaragua published a report revealing a pattern of severe and systematic human rights violations against Indigenous and Afro-descendant communities on the Caribbean Coast between 2018 and 2024. These violations involve widespread infringements on collective rights, such as the right to self-determination, autonomy and control over traditional lands and natural resources. The report outlined how settlers, emboldened by state-supported economic activities like agroindustry and extractive operations, have encroached on Indigenous territories, displacing communities and eroding their cultural and economic systems.

Since 2018, the Nicaraguan government, alongside the Sandinista National Liberation Front (FSLN) and allied groups, has undermined the self-governance of Indigenous and Afro-descendant communities to solidify political control and suppress opposition. This has included weakening autonomy and disregarding the right to free, prior, and informed consent, while tolerating illegal land seizures by settlers. These violations, compounded by intimidation and fear tactics, have severely restricted the ability of these communities to assert their rights and protect their territories.

In addition to these collective rights violations, the report highlighted arbitrary detentions, harassment, and the failure to investigate crimes committed by settlers. Indigenous leaders and defenders of land rights have been particularly targeted, facing criminalisation, surveillance and physical violence. The cases of Brooklyn Rivera, leader of YATAMA, and Nancy Henríquez exemplify the government’s broader strategy of repression. These actions have created a climate of fear and impunity, weakening Indigenous political representation and stifling social mobilisation.

Expression

Cybercrime Law reform: increased penalties and expanded government control

On 10th September 2024, the government presented a reform to Law No. 1042, the Special Law on Cybercrime, which was approved the following day by the National Assembly. The reforms are part of a broader set of legal changes, including recent modifications to the Penal Code, bolstering the government’s ability to target dissent, with a particular focus on the digital sphere.

The reform extends the application of the Cybercrime Law to social media and mobile applications, allowing authorities to investigate, prosecute and sanction people for online content that the government deems as “cybercrime.” This includes posts that incite discrimination, hatred or violence on the basis of political or social conditions or those perceived as threatening public order, national security, or economic stability. Under the new provisions, sentences for such offences have been increased from five to ten years in prison.

In addition to targeting people inside the country, the reform expands its extraterritorial reach, allowing the government to prosecute Nicaraguans or foreign nationals for activities conducted outside the country. This mirrors the recent changes to the Penal Code (see above). The amendments grant the police increased powers to access personal digital data, including the authority to seize electronic devices, retrieve communications records and monitor the geolocation of people under investigation, all without requiring a judicial order in urgent cases. These measures expand the scope of government surveillance.

The recent changes to the Cybercrime Law, combined with other legal reforms, reflect an intensification of the government’s efforts to suppress freedom of expression and association, both within Nicaragua and beyond its borders.

The Office for Mexico and Central America’s Article 19 expressed alarm that these reforms could exacerbate the repression of civil society: “ARTICLE 19 strongly condemned the Nicaraguan government’s recent, expedited reforms to criminal and cybercrime laws. These reforms seek to extend and strengthen the country’s repressive system, further undermining fundamental freedoms, including the right to free expression and press freedom.”

Ongoing repression of independent journalism

On 7th October 2024, the Foundation for Freedom of Expression and Democracy (FLED) published a report documenting 30 cases of press freedom violations between July and September 2024. Both state and non-state actors committed these violations, reflecting a coordinated effort to suppress independent journalism and restrict freedom of expression. Of the 30 cases, 80 per cent involved people, mainly journalists, while 20 per cent involved legal entities, including independent media outlets. The most serious case during this period is the enforced disappearance of journalist Fabiola Tercero, who has been missing since July 2024.

Most violations (47 per cent) fell under stigmatising discourse, aimed at discrediting journalists and media professionals through defamatory statements and public denigration. This tactic was employed by both government officials and media aligned with the ruling party to undermine independent reporting. In July and September 2024, Sandinista businessman Enrique Quiñonez, during two broadcasts of his radio programme Choque de Opiniones, publicly vilified sports journalist Miguel Mendoza, who is currently in exile in the USA. Quiñonez repeatedly mocked Mendoza’s career, using homophobic language and accusing him of being a spokesperson for opposition politician Félix Maradiaga and acting as an infiltrator.

Additionally, 30 per cent of cases involved physical attacks and harassment, often perpetrated by police forces or unidentified actors operating with impunity. For instance, on 9th July, an independent journalist in exile reported ongoing harassment and intimidation targeting his family, allegedly carried out by unidentified individuals posing as Ministry of Health officials, as well as through police surveillance and cyberattacks. The journalist claimed that his family has been pressured for his whereabouts, while he has faced hacking attempts, malicious links and threats of physical violence. Additionally, his savings account at Banco de la Producción (BANPRO) was closed under unsubstantiated fraud allegations.

On 10th July 2024, four independent journalists were subjected to police raids at their homes in different locations across the country. The journalists, who requested anonymity due to ongoing threats, reported that police officers arrived at night without presenting a warrant or providing any explanation for the operation. During the raids, minors were present and reportedly traumatised by the disproportionate actions of the police. The officers conducted thorough searches, confiscating all electronic devices, including those belonging to other family members. The journalists were subsequently informed that they were under investigation and instructed to report to police stations daily to sign in.

The report also highlighted the forced exile of at least 15 journalists during the third quarter of 2024, bringing the total number of exiled journalists to 278 since 2018. Journalists in Nicaragua continue to face threats, harassment, and surveillance by state actors, forcing many to flee to protect their lives and livelihoods.

On 9th July, Nicaraguan authorities expelled journalist Nohelia González Valdivia. González, who served as the head of information at La Prensa until 2018 and later collaborated with the Catholic Channel of Nicaragua, was reportedly detained by police and then forcibly deported to the USA. Her brother, Eddie González, a retired major from the Nicaraguan Army and currently a political prisoner, denounced the expulsion. He reported that police arrived at his sister’s home at 6:00 am, detained her, and escorted her to the airport for immediate expulsion.

FLED further documented that independent journalism is no longer practised in nine Nicaraguan departments, including the recent addition of León. This brings the total number of departments under full state control to nine, accounting for 53 per cent of the country’s territory.

On 22nd August, the Ministry of the Interior announced the cancellation of the legal status of the Cámara Nicaragüense de Radiodifusión (CANIRA), a civil association representing over 55 radio stations until 2018. CANIRA’s mission included fostering the growth and development of the broadcasting sector, promoting free competition and defending core principles such as freedom of expression, democracy, justice and human rights. The organisation also played a key role in advocating for modern laws and regulations in the radio industry.

UN report documents widespread violations of religious and other fundamental freedoms

On 22nd July 2024, the UN Group of Human Rights Experts on Nicaragua published a detailed report documenting systematic and widespread human rights violations targeting members of the Catholic Church and other Christian denominations (A/HRC/55/CRP.5). These abuses have occurred since 2018 and form part of broader efforts by the Nicaraguan government to suppress any form of dissent or criticism, especially from influential social institutions such as religious bodies.

The report outlined a range of violations, including the restriction of religious activities, threats and harassment against clergy, arbitrary detentions and the confiscation of property belonging to religious organisations. Numerous cases of intimidation were documented, including smear campaigns and physical attacks against religious figures.

Furthermore, the report highlighted violations of fundamental rights such as freedom of religion, expression and association, as well as violations of personal security. The Nicaraguan government has also been accused of arbitrarily stripping religious figures of their nationality and restricting their freedom of movement. The revocation of the legal status of religious organisations has further impeded their ability to operate, exacerbating the repression against these entities.

The Group of Experts on Nicaragua underscored that these violations form part of a broader state policy to maintain control, curtail dissent, and suppress any potential opposition. The findings raise serious concerns about the government’s compliance with international human rights obligations.