28596 EXTENSIONS OF REMARKS November 13, 1989 EXTENSIONS OF REMARKS NICARAGUA: THE HUMAN of the contra combatants and their families Order Law significantly curtailed rights of RIGHTS RECORD 1986-89, to Nicaragua, or their relocation to third defence <See "Nicaragua: the Human Rights UPDATE countries. It is expected to ensure "that the Record 1986-1989," Chapter 4, published by necessary conditions exist and are main­ Amnesty International simultaneously with tained to permit the full incorporation of this document). In addition, although most HON. ROBERT J. LAGOMARSINO repatriated people into civilian life", and its of those charged and sentenced under the OF CALIFORNIA brief includes the setting up of offices to Public Order Law were accused of collabo­ IN THE HOUSE OF REPRESENTATIVES verify that the Nicaraguan Government rating with or supporting armed opposition complies with the guarantees offered under Monday, November 13, 1989 groups <the contra>. a large number of these the agreement. The Tela agreement envis­ prisoners are peasant farmers living in war Mr. LAGOMARSINO. Mr. Speaker, as I re­ ages that the demobilization process should zones who appear to have done little more ported during my 1 minute speech .today, I am be completed within 90 days of the forma­ than provide food or shelter to passing inserting into the RECORD a summary of the tion of the CIAV. The CIA V would also play contra patrols, and have denied in court an important role in promoting the plan most recent report issued by Amnesty Interna­ having any active involvement with them. through direct contacts with the Nicara­ Amnesty International was also concerned tional about human rights abuses in Nicaragua guan Resistance <NR), the major contra by the Sandinista Government. that some of the articles of the Public force, and by seeking the assistance of rele­ Order Law, particularly those relating to While the report acknowledges some nota­ vant international organizations. conspiracy and the dissemination of anti­ ble improvements-largely due to actions On 25 August the Secretaries General of government manifestos and propaganda, are taken to support the reforms leading to elec­ the UN and the OAS officially announced loosely defined and provided a basis for the tions in February-Amnesty International ex­ their decision to form the CIAV in accord­ prosecution of government critics who had presses concern about reports this year of ance with the agreement. However, press re­ ports on the initial reaction of NR leaders neither used nor advocated violence. Public human rights abuses that include summary to the plan indicated that they did not Order Law prisoners have included members killings and disappearances. intend to order the disbandment of their of opposition parties and their affiliated In one of its key findings, Amnesty Interna­ forces at least until after the elections in trade unions, some of whom Amnesty Inter­ tional reports that during the cease-fire that Nicaragua scheduled for 25 February 1990, national believed to be prisoners of con­ science. was in effect for the past 19 months, until and that many of their number wished to Daniel Ortega announced its cancellation, continue fighting. 3. AMENDMENT OF LEGISLATION ASSIGNING Four days prior to the Tela agreement, JUDICIAL FUNCTIONS TO THE POLICE there was no sign of a decline in non-combat the Nicaraguan Government reached a killings and disappearances of civilians The government has also introduced a bill broad agreement with representatives of 22 to the National Assembly to amend the Law blamed on security forces. The report also opposition parties. The latter agreed to sup­ refers to dozens of unarmed peasants being of Jurisdictional Functions of the Sandi­ port the plan for the voluntary demobiliza­ nista Police <Decree 559 of 28 October.1980). summarily executed during operations by San­ tion of the opposition forces in return for a Although Amnesty International has not dinista troops against Contra rebels. wide range of reforms on electoral proce­ seen the draft legislation, the agreement This Amnesty International report serves to dures and civil liberties. Those with a direct with the political parties was to rescind support the contention that Daniel Ortega's bearing on human rights included a commit­ those sections of the law which assign police ment to a "broad and unconditional amnes­ action to cancel the cease-fire is motivated magistrates powers of adjudication and sen­ ty" for political prisoners on completion of tencing for certain minor offences. Under more by fear of opposition to his government the demobilization process; the immediate than by alleged Contra attacks. the law as it presently stands, police magis­ release of prisoners certified to be in poor trates, who are Ministry of the Interior ap­ NICARAGUA: THE HUMAN RIGHTS RECORD health; and consideration of the release of pointees and are not required to have legal 1986-89, UPDATE members of the political parties proven to traini11g, may impose sentences of up to six 1. BACKGROUND: THE TELA AGREEMENT be detained for their political activities, on months' imprisonment for certain offences The evolution of the human rights situa­ the submission of lists by the political par­ defined under the Police Regulations and tion in Nicaragua has been decisively influ­ ties. The government also agreed to intro­ Laws. Such "police courts" have generally enced by successive negotiations between duce legislation immediately to repeal the been used to provide a swift administrative the presidents of Costa Rica, El Salvador, Public Order Law <Decree 1074) and to procedure for dealing with misdemeanour Guatemala, Honduras and Nicaragua, fol­ amend the Law on the Jurisdictional Func­ and petty criminal offences. Although de­ lowing their signature on 7 August 1987 of tions of the Sandinista Police, rescinding fendants may consult a lawyer, lawyers are the Esquipulas Dos Agreement, also known those sections which assign judicial func­ not permitted to "obstruct the investiga­ as the Central American Peace Agreement. tions to police officials.' tions" and, in practice, legal defence is non­ The impact on human rights of these diplo­ 2. REPEAL OF THE PUBLIC ORDER LAW existent. There is no judicial hearing or matic efforts to negotiate a solution to the Amnesty International was informed by right of judicial review. In previous years, armed conflict in Nicaragua is assessed in the government during the first week of summary imprisonment by police magis­ Amnesty International's report "Nicaragua: September that President Ortega had pre­ trates was repeatedly used to curb opposi­ The Human rights Record 1986-1989." sented a bill to the National Assembly to tion protest activity; in 1988 more than 20 On 7 August 1989 the five signatories of repeal the Public Order Law <Law for the opposition activists were imprisoned by the Central American Peace Agreement met Maintenance of Public Order and Security, police magistrates for up to six months again at the coastal town of Tela, Honduras, Decree 1074 of 6 June 1982). The bill was without a trial or right of legal appeal. In where they signed a further agreement es­ under consideration by a special parliamen­ its report "Nicaragua: The Human Rights tablishing mechanisms for the voluntary de­ tary committee and was expected to be Record 1986-1989" <Chapter 4.4), Amnesty mobilization of the Nicaraguan opposition voted on in the next session of the Assem­ International pointed out that the police forces <the contra>, which are based in Hon­ bly. court system failed to satisfy ~riteria for a duras. The agreement provides for the cre­ Amnesty International welcomes this fair and impartial trial, and in its recom­ ation within 30 days of an International measure, as repeal would remove from the mendations urged that the government Commission of Support and Verification statute book the special penal provisions ensure that all prisoners were tried, with ap­ C"ComisiOn Internacional de Apoly y Verifi­ under which the great majority of political propriate safeguards, by a properly consti­ caciOn"), CIAV, under the joint auspices of prisoners were charged and sentenced under tuted, independent judicial body. the United Nations <UN> and the Organiza­ the state of emergency, and which remained The current time periods permitted for tion of American States <OAS>. The CIAV is in force after the state of emergency was police investigation before detainees are given wide powers of supervision over the lifted in January 1988. Amnesty Interna­ brought before a judge are also laid down in dismantling of the contra bases in Hondu­ tional was concerned that the summary pro­ the Law of Jurisdictional Functions of the ras, and over procedures for the repatriation cedures followed in trials under the Public Sandinista Police. As the law stands, al- e This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. November 13, 1989 EXTENSIONS OF REMARKS 28597 though the Nicaraguan Constitution states to a lawyer. Although Amnesty Internation­ 5. KILLINGS AND "DISAPPEARANCES" IN WAR that detainees must be brought before a al has not established that any of the pris­ ZONES "competent authority" within 72 hours, the oners currently held are prisoners of con­ At the end of August the Nicaraguan Gov­ police are currently allowed to detain sus­ science, it has investigated several cases in ernment made available to Amnesty Inter­ pects for 24 hours, after which they must which there appeared to be little evidence release them, unless a formal investigation national the text of an official commentary that those accused had been actively in­ on reports issued in 1988 and 1989 by Ameri­ is ordered by a police magistrate. If an in­ volved with the opposition forces.