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Interdisciplinary Group of Independent Experts Report on the violent events Report on the violent events that took place that took place between between April 18th and May 30th, 2018. April 18th and May 30th, 2018 Interdisciplinary Group of Independent Experts GRUPOINTERDGRUPO I SCIPLINARY INTERDISCIPLINARIOGROUPINTERDISCIPLINARIO OF DEINDEPENDENTDE EXPERTOS EXPERTOS INDEPENDIENTESEINDEPENDIENTESXPERTS InformeReportInforme sobre onsobre the los los violent hechos hechos events de de violencia violencia that ocurridos tookocurridos place entre entre between el el 18 18 de de April abril abril 18 y y thel el and30 30 de de May mayo mayo 30 de deth, 2018 20182018 2 3 4.2. Escalation of protests and violations of rights (April 19th to 22nd) INDEX 4.3. Continuous popular dissatisfaction and repression. Institutional responses to the crisis (April 23rd to May 16th) 4.4. Beginning of dialogue and international presence (May 16th to 29th) 4.5. International agreement and upsurge of repression (May 30th) 4.6. Process of negotiations PRELIMINARY CONSIDERATIONS 16 VI. VIOLENT EVENTS BETWEEN APRIL 18th AND MAY 30th 63 CONTENTS OF THE REPORT 18 A. DESCRIPTION I. 1. Events examined by the GIEI B. EVENTS EXAMINED BY THE GIEI II. COMPOSITION AND MANDATE OF THE INTERDISCIPLINARY 22 1. Demonstrations in public spaces 80 GROUP OF INDEPENDENT EXPERTS (GIEI) 1.1. April 18th, 2018 - Protests in the city of León - Protests at Camino de Oriente, Managua - Protests at Centro-Americana University, Managua III. COOPERATION AND LIMITATIONS TO THE 27 - Conclusion 1.2. Attacks during protests and fires in León WORK OF THE GIEI - Beginning of protests on April 18th A. STATE DID NOT COLABORATE AND DENIED THE INFORMATION - April 19th: “we are going to destroy you” REQUESTED BY THE GIEI - April 20th: coordinated action between the National Police 1. Meetings and communications and shock groups B. CONTINUITY OF THE VIOLENCE - Fire at Centro Universitario of the National Autonomous University of Nicaragua (CUUN) IV. METHODOLOGY 40 - Fire at Radio Darío - Conclusion 1.3. Estelí: Central Park, April 20th, 2018 ANTECEDENTS AND CONTEXT 42 - Antecedents: the beginning of protests and early expressions V. of violence - Repression of April 20th and the first fatal victims in Estelí A. ANTECEDENTS - Conclusion 1. Institutional Framework 1.4. Masaya, April 20th and 21st, 2018 1.1. Political reform - Monimbó: historical importance of the neighborhood 1.2. Violations of the independence of the Judicial branch - April 19th, 2018: the beginning of protests and early incidents 1.3. Interferences with the autonomy of the Public Prosecutor’s Office - April 20th and 21st, 2018 1.4. Police reform 1.5. University policy - Fire and destruction of “Comandito” 2. Disproportionate impact on specific groups - Central Park 3. State’s response to protests over recent years - Masaya Market of Handicrafts: first fatal victims 3.1. Parapolice groups - Fátima neighborhood 3.2. Apparatus for political control and vigilance - Citizen Councils 2. Universities 111 - Sandinista Leadership Committees 2.1. National University of Engineering 3.3. Sovereign Security Law - April 19th, 2018 - April 20th, 2018 B. CONTEXT 1. Catalysts for the social protests - Conclusion 2. Social network activity related to the protests in Nicaragua 2.2. Polytechnic University of Nicaragua 3. Official discourse of President Ortega and Vice-President Murillo after April 18th - April 19th, 2018 4. Brief description of the events that took place between April 18th - April 20th, 2018 and May 30th, 2018 - April 21st, 2018 4.1. First protests against the reform of the social security system: - April 22nd, 2018 th April 18 , 2018 - Conclusion 4 5 3. Lootings in Managua 135 IX. ROLE OF THE CRIMINAL JUSTICE SYSTEM 236 3.1. Two deaths by gunshots by police near Palí supermarket in the La Fuente neighborhood A. Investigation into the violent deaths and punishment of perpetrators 1. Patterns of selectivity 4. Tranques (roadblocks) 140 2. Lack of due diligence in the investigation of violent deaths 4.1. Matagalpa, May 15th, 2018 2.1. Crime scene investigations - Repression of April 21st, 2018 2.2. Autopsies - Setting up the roadblock on May 10th and subsequent 3. Other irregularities in the collection of evidence repression on May 11th, 2018 4. Biased investigations 4.2. Events of May 15th, 2018 4.1. Hilton Rafael Manzanares Alvarado - First attack against the roadblocks 4.2. Roberto Carlos García Paladino - Second attack. Fatal victims of May 15th, 2018 4.3. Ángel Eduardo Gahona López 4.3. Conclusion 4.4. Eric William Espinoza 4.5. Jorge Gastón Palacios Vargas 5. March of the Mothers: Managua, May 30th, 2018 155 4.6. Cristhian Emilio Cadenas 5.1. The climate of tension around the march 4.7. Process against the criminal organization led by Cristhian Josué 5.2. The magnitude and plurality of the event Mendoza Fernández and others 5.3. Initial incidents and the first fatal victims 5. Conclusion 5.4. Armed attack directly perpetrated by police forces and parapolice groups in the UNI sector B. Trials and deprivation of liberty without due process 5.5. Other incidents and attacks 1. Violation of the principles of legality and adequacy - Attack perpetrated during the protest rally towards the south 1.1. Criminalization aimed at undermining the exercise of - Attack in the UCA sector fundamental rights - Other incidents: fires at Radio Ya and Co-op CARUNA 1.2. Misuse of criminal law 5.6. The press release issued by the National Police. Its impact on 2. Various forms of violation of the right to liberty the elucidation of two cases related to the death of persons who allegedly 2.1. The privatization of the deprivation of liberty: delegation of participated in the demonstration organized by the Government this State obligation to private actors 5.7. Conclusion 2.2. Detention orders issued by incompetent authorities 176 2.3. Deprivation of liberty without a hearing before the competent VII. CHARACTERIZATION OF THE VIOLENCE authority within a reasonable time established by law 2.4. Custodial measures without motivation A. VIOLENCE PERPETRATED BY THE STATE 3. The ineffectiveness of the writ of habeas corpus or exhibition appeal 1. Attacks against life and personal integrity during the repression of protests 4. Violations of the right to a fair trial 2. Formal structure of the repression: the National Police 4.1. Right to be informed of the reasons for detention and to be 3. Parallel structure of the repression assisted by legal counsel 4. Arbitrary detentions, treatment of detainees and torture complaints 4.2. Variations regarding jurisdiction and procedure, without 4.1. Arbitrariness of detentions motivation 4.2. Deprivation of liberty of adolescents 4.3. Searches without judicial order 4.3. Excessive use of force during arrests and transfers 4.4. Serious and impartial investigation 4.4. Inhuman conditions of detention and torture complaints 4.5. Secretive trials 4.5. Denial of access to justice for detainees 5. Violations of personal integrity 5. Stigmatization of the protests and political support for the repression 6. Conclusion 6. The role of the public health system 7. Guarantee of impunity X. RECOMMENDATIONS FOR THE INVESTIGATION 286 OF CRIMES B. VIOLENT ACTIONS LAUNCHED DURING THE PROTESTS A. NEED TO CARRY OUT COMPREHENSIVE INVESTIGATIONS VIII. CRIMES AGAINST HUMANITY 222 B. VARIOUS TYPES OF CRIMINAL CONDUCT THAT MUST BE INVESTIGATED 1. Core elements of “crimes against humanity” C. QUESTIONS TO CONSIDER IN RELATION TO THE NATURE 2. Were crimes against humanity perpetrated in Nicaragua? OF THE CRIMES 3. Specific crimes against humanity D. INSTITUTIONAL CONSIDERATIONS 4. Legal consequences of the characterization XI. “I JUST WANT THIS NIGHTMARE TO BE OVER SOON”: 300 B. PLAN OF INTEGRAL REPARATIONS AND ITS PROGRAMMES THE EXPERIENCE OF THE VICTIMS AND THEIR FAMILIES 1. Objectives and general principles 2. The victims A. INTRODUCTION 2.1. Legal standards 1. History repeats itself 2.2. The victims to be included in the Plan of Integral Reparations 2. The force of nature 2.3. Prioritization and vulnerability 3. The people woke 2.4. Relation with criminal procedures 3. The programmes of the Plan of Integral Reparations B. PSYCHOLOGICAL EFFECTS OF THE VIOLATIONS 3.1. Programme of symbolic reparations 1. “I am terrified to see them again”: The fear, the suspicion, the threats 3.2. Programme of monetary compensation 2. “No part of society was left untouched”: The impact on families and 3.3. Programme of reparations regarding health community life 3.4. Programme of reparations regarding education 3. “You have a criminal record for rising against the government”: 3.5. Programme of reparations regarding labor A divided society 3.6. Programme of reparations regarding regularization of legal 4. Stigmatization status and restitution of rights 5. “I feel like each dead is my loved one all over again”: Mourning 3.7. Programme of return for displaced persons 5.1. “What hurts the most is to hear the President and the Vice-President insist that these deaths are fake” C. INSTITUTIONALITY 5.2. “I cannot sleep, and when I wake up I see the face D. GUARANTEES OF NON-REPETITION of the deceased” 5.3. “I cannot even mourn my deceased loved one”: XIII. CONCLUSIONS AND RECOMMENDATIONS 356 The funeral rituals 5.4. “There is not one moment when I do not think about my son” A. CONCLUSIONS 5.5. “Even sleeping hurts” B. RECOMMENDATIONS 6. “I have lost my project of life”: The university students 7. “My son could be dead”: The wounded XIV. VICTIMS OF VIOLENT DEATHS 364 8. “We are poor, but we have dignity”: Revictimization 9. The economic impact on the families 10. The detentions: Scars on the body and soul 11. “Other than Managua, the largest city of Nicaragua is San José”: The forced displacement 11.1. “My dreams have been shattered”: Life in exile 11.2. “We all want to and we will return” ANNEXES 424 C.
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