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COMMITTEE AGAINST TORTURE HEARS RESPONSE OF NICARAGUA
01 May 2009
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Committee against Torture
MORNING
1 May 2009
The Committee against Torture this morning heard the response of Nicaragua to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by the Committee members on Thursday, 30 April, the delegation, which was led by Carlos Robelo Raffone, Permanent Representative of Nicaragua to the United Nations Office at Geneva, was concerned that the Committee perhaps had a biased view and did not feel that Nicaragua had the will to fully comply with the Convention. It was stressed that the Government was pursuing efforts to ensure that there was a real rule of law in the country, despite the social and economic challenges it faced. Nicaragua was one of the poorest countries in Latin America. Therefore, Nicaragua had to organize its priorities. One of them was the fulfilment of its international human rights obligations. While Nicaragua had made progress in modernizing its institutions and legislation, it still needed to work further to improve them. While the political will was there, it was also very much a question of budgetary limitations. The delegation agreed that being poor was not an excuse to providing a minimum level of compliance, but it did have an impact on full and effective implementation
As for the situation in the prisons, a survey had been undertaken and the Government was embarking on a medium-term plan, 2008-2012, to improve prison facilities and conditions. Under that plan, prisons would be rehabilitated and new ones built, including a women's prison in the Blue Fields Centre. They were investing $ 8 million in improving the water supply for prisons as well. The problem of overcrowding was a phenomenon seen in all Latin American prisons linked to rising crime rates, the delegation noted. That was also a problem in Nicaragua, but it should be stressed that Nicaragua had a humanist prison system that was a model in the region and had the lowest rate of violence in prisons in all the countries of the region.
In questions, Nora Sveaass, the Committee Expert serving as Rapporteur for the report of Nicaragua, reiterated her concern about the logic under which Nicaragua had decided to widen the scope of the crime of torture in its new Criminal Code to include all actors as perpetrators of this crime and not just State agents. She was also concerned that prisoners in Nicaragua might be dependent on family and relatives for food, and she reiterated concerns about Nicaragua's strict abortion law, which prohibited even therapeutic abortions. Luis Gallegos Chiriboga, the Committee Expert serving as Co-Rapporteur for the report, expressed concerns about economic exploitation of minors, and particularly migrant children, including trafficking and sexual slavery. He particularly stressed the need for greater involvement of civil society in a number of areas, including monitoring over the way in which sentences were being applied and over the application of justice regarding military personnel.
The Committee will submit its conclusions and recommendations on the report of Nicaragua towards the end of the session on Friday, 15 May.
As one of the 146 States parties to the Convention against Torture, Nicaragua is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its examination of the fifth periodic report of Chile (CAT/C/CHL/5).
Response of Nicaragua
Responding to a series of questions raised by Committee Experts on 30 April, the delegation of Nicaragua, with regard to implementation of the Convention in the country, was concerned that the Committee perhaps had a biased view and did not feel that Nicaragua had the will to fully comply with the Convention. It stressed that the Government was pursuing efforts to ensure that there was a real rule of law in the country, despite the social and economic challenges it faced. Nicaragua was one of the poorest countries in Latin America. Therefore, Nicaragua had to organize its priorities. One of them was the fulfilment of its international human rights obligations. While Nicaragua had made progress in modernizing its institutions and legislation, it still needed to work further to improve them. While the political will was there, it was also very much a question of budgetary limitations. The delegation agreed that being poor was not an excuse to providing a minimum level of compliance, but it did have an impact on full and effective implementation
Regarding the definition of torture, the delegation confirmed that torture was covered by a specific law under Nicaraguan legislation. The definition in Nicaraguan legislation was very close to that contained in the Convention, with the slight difference that the perpetrator could be anyone, whereas in the Convention torturers were defined only as civil servants or persons acting in an official capacity.
No one so far had been tried for this particular crime under the new Criminal Code, the delegation reported. The most recent case was under the old legislation, in which the crimes were defined as physical abuse.
The delegation enumerated the civil society non-governmental organizations that had participated in the elaboration of the new Criminal Code. On the scope of the crime of torture under the new Criminal Code, there was no statute of limitations for crimes of torture under the new Code. The Criminal Code also set out that crimes of torture committed by members of the military would be tried in civil courts.
Rights of detainees included the right to medical care, if they so requested. There had to be a recognition of the forensic institute if the detainee – whether in civil or military prisons – wished to have access to a private doctor. All detainees had the right to the assistance of a lawyer.
On the issue of prison inspections, the delegation said that, by law, judges had to visit prisons, and in practice they did so weekly, and sometimes even biweekly. The delegation agreed that the budget for such visits was insufficient, as were judges' salaries. There were some detainees who the Government termed as "abandoned" prisoners – who received no visits from their families or non-governmental organizations – and the Government had a preferential treatment system accorded to such prisoners to try and make up for the lack of food and other care that many prisoners received from their friends and relatives.
Turning to the situation in the prisons, a survey had been undertaken and the Government was embarking on a medium-term plan, 2008-2012, to improve prison facilities and conditions. Under that plan, prisons would be rehabilitated and new ones built, including a women's prison in the Blue Fields Centre. They were investing $ 8 million in improving the water supply for prisons as well. The problem of overcrowding was a phenomenon seen in all Latin American prisons linked to rising crime rates, the delegation noted. That was also a problem in Nicaragua, but it should be stressed that Nicaragua had a humanist prison system that was a model in the region and had the lowest rate of violence in prisons in countries of the region.
Of Nicaraguans in deprivation of liberty situations, 21 per cent of the detainees, or 1,239, were accused and 4,664 or 79 per cent had been convicted. Only 5 per cent of detainees were women. Adults made up 98 per cent of prisoners, with 1 per cent adolescents and 1 per cent labelled as "special cases" – i.e. prisoners over 18 but who had entered the penitentiary system before their eighteenth birthday.
The labour regime, in which prisoners chose a job which they carried out within the prison, accounted for 56 per cent of the prison population; the semi-open regime, under which prisoners could have access to the outside world under restricted conditions, accounted for over 500 prisoners; and the open regime was applied for 172 inmates. Regarding educational programmes, a number of prisoners had received bachelor's degrees while in prison and currently 86 prisoners were enrolled in higher education programmes. In all, the schooling programme accounted for some 40 per cent, or 2,378 inmates, including almost all of the women and adolescents.
On the question of superior orders, Nicaraguan legislation set out that superior orders were not an excuse for illegal acts. Nicaraguan officials had first and foremost the duty to comply with the law, and so there was no justification for carrying out illegal acts, the delegation underscored.
On migrants, and specifically the Chinese detainees, the delegation said that right now there were no Chinese detainees in the Migration Centre. Nicaragua based itself on the United Nations Refugee Agency in regard to issuing documentation for migrants and returns. The case of the Chinese migrants was one in which they were looking for a third country to which to send the migrants. In all cases, UNHCR procedures were followed.
Turning to abortion, the Nicaragua Government believed that religion was not a motivation in the abortion law, but a situation of sovereignty and the decision of the majority. There was a sector of the Nicaraguan population that was in agreement with criminalizing abortion and in Parliament, which represented the people, the majority had voted in favour of criminalizing abortion. It was true that the law put doctors in a difficult position with regard to the Hippocratic Oath, in particular in cases where the mother's life was endangered by the pregnancy. However, the law separated situations into three categories, and essentially sought to prevent the use of abortion as a family planning method. In the case of a spontaneous abortion, the health authorities had to act to save the life of the mother, the delegation said.
Regarding the National Police, the delegation said that they were working on strengthening police values. There were 171 police officers in 2008, with a salary of $ 120. Of complaints against police, the delegation provided statistics for those which had been followed up: in 2006, 66 per cent; in 2007, 70 per cent; and in 2008, 79 per cent. Those included complaints of abuse of force and illegal or arbitrary detentions. There had been close coordination with non-governmental organizations in addressing those complaints, by working with them to draw up manuals and to organize human rights trainings.
Over the last two years the Government had increased possibilities for detecting possible violations of human rights, not just by the police, but through coordinated work involving the Police and the Human Rights Inspector. The National Police had also increased its coordination with some human rights bodies. In 2008, in coordination with the Nicaraguan Human Rights Centre, the police had held two forums on increasing respect for human rights and access to justice.
On gender awareness in the Police, this was widespread, the delegation said. The General Director was a woman, and there were seven women in high-level posts. Moreover, there was a mainstreaming of gender in police policies, management and training, as well as a gender unit, a regional gender department and annual meetings of women's groups.
Specifically with regard to violence against women, there was a national preventive plan in place. The Police had also undertaken a number of measures to address gender violence and had established information units on violence through the Public Prosecutor's Office. It was also important to note that the new Criminal Code contained more specific offences under which such crimes could be prosecuted.
On training, the delegation would furnish the Committee with a list of talks, workshops, seminars, visits, conferences and other related activities for the period from 2005 to 2008.
There were also a number of programmes to address the issue of adolescents in conflict with the law, including special care programmes for young people at risk.
There were currently 50 inmates with psychological problems, and only one psychiatric hospital, which also received assistance from the hospital system. But the Government had not yet been able to implement all the necessary conditions within the prisons to carry out the programmes needed for such prisoners who would not or could not be moved. For them, most often they had to be kept in their cells, the delegation said.
Regarding persecution of a particular segment of society, in Nicaragua there was no policy of persecution of certain sectors of society, the delegation stressed. What had happened were acts of violence between certain sectors of society. When the facts were established, of course the normal proceedings would be carried out. The problem was that the sectors of society involved did not use the procedures available to them. The police had only received one complaint of an alleged offence – the theft of a car. But as for systematic harassment, there was no proof of anything like this in the police complaints file.
Questions by Committee Experts
NORA SVEAASS, the Committee Expert serving as Rapporteur for the report of Nicaragua, asked, regarding the definition of torture, about the logic under which Nicaragua had decided to widen the scope to include all actors as perpetrators of this crime which the Committee took to be a crime committed by State actors or persons acting on behalf of the State.
Regarding the preferential treatment given to "abandoned" prisoners, the answers provided today gave the impression that prisoners in Nicaragua were dependent on family and relatives for food. Ms. Sveaass had not thought that that was the situation in Nicaragua and asked for confirmation if insufficient food was supplied by the prison system.
Ms. Sveaass was concerned about alcohol abuse, which was a motor for serious violence against women and girls, and asked about programmes to address the alcohol problem in the country.
On abortion, Ms. Sveaass recognized that there were a scale of laws on abortion from those that sought primarily to prevent the use of abortions as a form of birth control to those that contained a 100 per cent ban on abortions. Despite the information presented today, as she read the law Nicaragua had adopted, it was not close to the side that wished to prevent the use of abortion as a form of family planning but was at the other end of the scale.
LUIS GALLEGOS CHIRIBOGA, the Committee Expert serving as Co-Rapporteur for the report, echoing concerns expressed by the Committee on the Rights of the Child, asked about economic exploitation of minors, and particularly migrant children. Those issues led into questions of trafficking and slavery, including sexual slavery. Other issues included the 244 cases of disappearance, a legacy from the previous regime, only 19 of which had been cleared up.
There was a need for awareness-raising and a broader consultation with civil society on topics concerning torture and ill-treatment, Mr. Gallegos Chiriboga said.
There should be social monitoring and vigilance particularly with regard to the way in which sentences were being applied. The statistics read out today showed that there was a very low number of pre-trial detention as opposed to those who had been imprisoned following sentencing, however they needed more information about those who were being kept in pre-trial detentions.
Mr. Gallegos Chiriboga was always concerned about the involvement of the military in police matters. Despite information on civil trials from military personnel involved in torture, he felt there should be further clarifications of the rules applicable and enhanced civil vigilance and accountability to be exercised, whether by Parliament or civil society groups.
Other Experts reiterated concerns about the scope of the definition of torture in Nicaraguan law, which included individuals not acting as State agents, which could create problems for jurists in applying the Convention. Despite praise for the new law on refugees, an Expert voiced concerns about the actual situation in practice with regard to expulsions, and asked about complaints brought.
Other concerns and questions raised by Experts included a request for examples of how the principle of proportionality with regard to the use of force by the police was applied; concern that some of those convicted were still kept in police cells; the time frame for detainees to enjoy their rights, such as the right to a lawyer or to contact their families; the need for strong legislation and a sustained nationwide public campaign to combat the "anti-woman virus" (i.e. which resulted in violence against women); concern that the new Criminal Code provided lesser penalties for ill-treatment that previous legislation; concern that torture carried out by military persons in the course of their duties was not a specific offence under military law; a lack of access by women to therapeutic abortions; and whether the public had confidence in the political police.
Response by Delegation
Responding to additional questions raised, on the issue of those who had been in preliminary detention for 12 months, the delegation said that those persons were persons who had in fact been convicted but had not exhausted the appeals procedure and their cases were still on appeal. There were also some persons who were tried under the previous Code of Criminal Procedure. But they were carrying out a survey right now, and were working to clarify this situation.
On alcohol, the delegation shared the Committee's concerns and noted that alcohol consumption was on the increase. One measure the Government was looking at was to put a higher tax on alcohol.
With regard to the Committee's concerns about the definition of torture in the new Criminal Code, the delegation had not understood the problem and so could not respond.
On concerns on children and human trafficking, there was a National Commission on Human Trafficking that brought together State institutions and institutions of civil society, the delegation said. A national anti-human trafficking plan had also just been included. Those were issues of great concern for Nicaragua. The new Criminal Code specifically defined the offence of commercial sexual exploitation, in particular with regard to children and adolescents. Some cases had been brought in this area, by Casa Allianza, an NGO with whom the Government worked on this issue. The offence of femicide, however, had not been defined, but it was felt that the offence was covered by the new laws on crimes against women. It remained to be seen what practical impact those new laws had before adjusting them.
Regarding the military courts, the delegation noted that, with regard to the application of a disciplinary rule by State bodies, when there were administrative faults, there were administrative sanctions applied. If there was a criminal offence, of course that had to go through the Criminal Courts. So administrative sanctions and criminal sanctions were not mutually exclusive. Generally, first an administrative sanction would be imposed, such as suspension, and then the case would be passed on to the criminal authorities for investigation.
As for closed trials, that only happened in certain cases, in particular with regard to national security or to guarantee the safety and security of those participating in the trial, such as in big drugs cases. In principle, all trials were open and public.
If there had ever been an NGO that had been prevented from entering a prison centre they could lodge a complaint, the delegation said.
There were not many public defenders, the delegation agreed. Efforts had been made to increase them, focusing in particular on remote regions. The Government tried to ensure that there was always some kind of defence and that people did have access to legal aid.
_________
For use of the information media; not an official record
MORNING
1 May 2009
The Committee against Torture this morning heard the response of Nicaragua to questions raised by Committee Experts on the second periodic report of that country on how it is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Responding to a series of questions raised by the Committee members on Thursday, 30 April, the delegation, which was led by Carlos Robelo Raffone, Permanent Representative of Nicaragua to the United Nations Office at Geneva, was concerned that the Committee perhaps had a biased view and did not feel that Nicaragua had the will to fully comply with the Convention. It was stressed that the Government was pursuing efforts to ensure that there was a real rule of law in the country, despite the social and economic challenges it faced. Nicaragua was one of the poorest countries in Latin America. Therefore, Nicaragua had to organize its priorities. One of them was the fulfilment of its international human rights obligations. While Nicaragua had made progress in modernizing its institutions and legislation, it still needed to work further to improve them. While the political will was there, it was also very much a question of budgetary limitations. The delegation agreed that being poor was not an excuse to providing a minimum level of compliance, but it did have an impact on full and effective implementation
As for the situation in the prisons, a survey had been undertaken and the Government was embarking on a medium-term plan, 2008-2012, to improve prison facilities and conditions. Under that plan, prisons would be rehabilitated and new ones built, including a women's prison in the Blue Fields Centre. They were investing $ 8 million in improving the water supply for prisons as well. The problem of overcrowding was a phenomenon seen in all Latin American prisons linked to rising crime rates, the delegation noted. That was also a problem in Nicaragua, but it should be stressed that Nicaragua had a humanist prison system that was a model in the region and had the lowest rate of violence in prisons in all the countries of the region.
In questions, Nora Sveaass, the Committee Expert serving as Rapporteur for the report of Nicaragua, reiterated her concern about the logic under which Nicaragua had decided to widen the scope of the crime of torture in its new Criminal Code to include all actors as perpetrators of this crime and not just State agents. She was also concerned that prisoners in Nicaragua might be dependent on family and relatives for food, and she reiterated concerns about Nicaragua's strict abortion law, which prohibited even therapeutic abortions. Luis Gallegos Chiriboga, the Committee Expert serving as Co-Rapporteur for the report, expressed concerns about economic exploitation of minors, and particularly migrant children, including trafficking and sexual slavery. He particularly stressed the need for greater involvement of civil society in a number of areas, including monitoring over the way in which sentences were being applied and over the application of justice regarding military personnel.
The Committee will submit its conclusions and recommendations on the report of Nicaragua towards the end of the session on Friday, 15 May.
As one of the 146 States parties to the Convention against Torture, Nicaragua is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee reconvenes at 3 p.m. this afternoon, it will begin its examination of the fifth periodic report of Chile (CAT/C/CHL/5).
Response of Nicaragua
Responding to a series of questions raised by Committee Experts on 30 April, the delegation of Nicaragua, with regard to implementation of the Convention in the country, was concerned that the Committee perhaps had a biased view and did not feel that Nicaragua had the will to fully comply with the Convention. It stressed that the Government was pursuing efforts to ensure that there was a real rule of law in the country, despite the social and economic challenges it faced. Nicaragua was one of the poorest countries in Latin America. Therefore, Nicaragua had to organize its priorities. One of them was the fulfilment of its international human rights obligations. While Nicaragua had made progress in modernizing its institutions and legislation, it still needed to work further to improve them. While the political will was there, it was also very much a question of budgetary limitations. The delegation agreed that being poor was not an excuse to providing a minimum level of compliance, but it did have an impact on full and effective implementation
Regarding the definition of torture, the delegation confirmed that torture was covered by a specific law under Nicaraguan legislation. The definition in Nicaraguan legislation was very close to that contained in the Convention, with the slight difference that the perpetrator could be anyone, whereas in the Convention torturers were defined only as civil servants or persons acting in an official capacity.
No one so far had been tried for this particular crime under the new Criminal Code, the delegation reported. The most recent case was under the old legislation, in which the crimes were defined as physical abuse.
The delegation enumerated the civil society non-governmental organizations that had participated in the elaboration of the new Criminal Code. On the scope of the crime of torture under the new Criminal Code, there was no statute of limitations for crimes of torture under the new Code. The Criminal Code also set out that crimes of torture committed by members of the military would be tried in civil courts.
Rights of detainees included the right to medical care, if they so requested. There had to be a recognition of the forensic institute if the detainee – whether in civil or military prisons – wished to have access to a private doctor. All detainees had the right to the assistance of a lawyer.
On the issue of prison inspections, the delegation said that, by law, judges had to visit prisons, and in practice they did so weekly, and sometimes even biweekly. The delegation agreed that the budget for such visits was insufficient, as were judges' salaries. There were some detainees who the Government termed as "abandoned" prisoners – who received no visits from their families or non-governmental organizations – and the Government had a preferential treatment system accorded to such prisoners to try and make up for the lack of food and other care that many prisoners received from their friends and relatives.
Turning to the situation in the prisons, a survey had been undertaken and the Government was embarking on a medium-term plan, 2008-2012, to improve prison facilities and conditions. Under that plan, prisons would be rehabilitated and new ones built, including a women's prison in the Blue Fields Centre. They were investing $ 8 million in improving the water supply for prisons as well. The problem of overcrowding was a phenomenon seen in all Latin American prisons linked to rising crime rates, the delegation noted. That was also a problem in Nicaragua, but it should be stressed that Nicaragua had a humanist prison system that was a model in the region and had the lowest rate of violence in prisons in countries of the region.
Of Nicaraguans in deprivation of liberty situations, 21 per cent of the detainees, or 1,239, were accused and 4,664 or 79 per cent had been convicted. Only 5 per cent of detainees were women. Adults made up 98 per cent of prisoners, with 1 per cent adolescents and 1 per cent labelled as "special cases" – i.e. prisoners over 18 but who had entered the penitentiary system before their eighteenth birthday.
The labour regime, in which prisoners chose a job which they carried out within the prison, accounted for 56 per cent of the prison population; the semi-open regime, under which prisoners could have access to the outside world under restricted conditions, accounted for over 500 prisoners; and the open regime was applied for 172 inmates. Regarding educational programmes, a number of prisoners had received bachelor's degrees while in prison and currently 86 prisoners were enrolled in higher education programmes. In all, the schooling programme accounted for some 40 per cent, or 2,378 inmates, including almost all of the women and adolescents.
On the question of superior orders, Nicaraguan legislation set out that superior orders were not an excuse for illegal acts. Nicaraguan officials had first and foremost the duty to comply with the law, and so there was no justification for carrying out illegal acts, the delegation underscored.
On migrants, and specifically the Chinese detainees, the delegation said that right now there were no Chinese detainees in the Migration Centre. Nicaragua based itself on the United Nations Refugee Agency in regard to issuing documentation for migrants and returns. The case of the Chinese migrants was one in which they were looking for a third country to which to send the migrants. In all cases, UNHCR procedures were followed.
Turning to abortion, the Nicaragua Government believed that religion was not a motivation in the abortion law, but a situation of sovereignty and the decision of the majority. There was a sector of the Nicaraguan population that was in agreement with criminalizing abortion and in Parliament, which represented the people, the majority had voted in favour of criminalizing abortion. It was true that the law put doctors in a difficult position with regard to the Hippocratic Oath, in particular in cases where the mother's life was endangered by the pregnancy. However, the law separated situations into three categories, and essentially sought to prevent the use of abortion as a family planning method. In the case of a spontaneous abortion, the health authorities had to act to save the life of the mother, the delegation said.
Regarding the National Police, the delegation said that they were working on strengthening police values. There were 171 police officers in 2008, with a salary of $ 120. Of complaints against police, the delegation provided statistics for those which had been followed up: in 2006, 66 per cent; in 2007, 70 per cent; and in 2008, 79 per cent. Those included complaints of abuse of force and illegal or arbitrary detentions. There had been close coordination with non-governmental organizations in addressing those complaints, by working with them to draw up manuals and to organize human rights trainings.
Over the last two years the Government had increased possibilities for detecting possible violations of human rights, not just by the police, but through coordinated work involving the Police and the Human Rights Inspector. The National Police had also increased its coordination with some human rights bodies. In 2008, in coordination with the Nicaraguan Human Rights Centre, the police had held two forums on increasing respect for human rights and access to justice.
On gender awareness in the Police, this was widespread, the delegation said. The General Director was a woman, and there were seven women in high-level posts. Moreover, there was a mainstreaming of gender in police policies, management and training, as well as a gender unit, a regional gender department and annual meetings of women's groups.
Specifically with regard to violence against women, there was a national preventive plan in place. The Police had also undertaken a number of measures to address gender violence and had established information units on violence through the Public Prosecutor's Office. It was also important to note that the new Criminal Code contained more specific offences under which such crimes could be prosecuted.
On training, the delegation would furnish the Committee with a list of talks, workshops, seminars, visits, conferences and other related activities for the period from 2005 to 2008.
There were also a number of programmes to address the issue of adolescents in conflict with the law, including special care programmes for young people at risk.
There were currently 50 inmates with psychological problems, and only one psychiatric hospital, which also received assistance from the hospital system. But the Government had not yet been able to implement all the necessary conditions within the prisons to carry out the programmes needed for such prisoners who would not or could not be moved. For them, most often they had to be kept in their cells, the delegation said.
Regarding persecution of a particular segment of society, in Nicaragua there was no policy of persecution of certain sectors of society, the delegation stressed. What had happened were acts of violence between certain sectors of society. When the facts were established, of course the normal proceedings would be carried out. The problem was that the sectors of society involved did not use the procedures available to them. The police had only received one complaint of an alleged offence – the theft of a car. But as for systematic harassment, there was no proof of anything like this in the police complaints file.
Questions by Committee Experts
NORA SVEAASS, the Committee Expert serving as Rapporteur for the report of Nicaragua, asked, regarding the definition of torture, about the logic under which Nicaragua had decided to widen the scope to include all actors as perpetrators of this crime which the Committee took to be a crime committed by State actors or persons acting on behalf of the State.
Regarding the preferential treatment given to "abandoned" prisoners, the answers provided today gave the impression that prisoners in Nicaragua were dependent on family and relatives for food. Ms. Sveaass had not thought that that was the situation in Nicaragua and asked for confirmation if insufficient food was supplied by the prison system.
Ms. Sveaass was concerned about alcohol abuse, which was a motor for serious violence against women and girls, and asked about programmes to address the alcohol problem in the country.
On abortion, Ms. Sveaass recognized that there were a scale of laws on abortion from those that sought primarily to prevent the use of abortions as a form of birth control to those that contained a 100 per cent ban on abortions. Despite the information presented today, as she read the law Nicaragua had adopted, it was not close to the side that wished to prevent the use of abortion as a form of family planning but was at the other end of the scale.
LUIS GALLEGOS CHIRIBOGA, the Committee Expert serving as Co-Rapporteur for the report, echoing concerns expressed by the Committee on the Rights of the Child, asked about economic exploitation of minors, and particularly migrant children. Those issues led into questions of trafficking and slavery, including sexual slavery. Other issues included the 244 cases of disappearance, a legacy from the previous regime, only 19 of which had been cleared up.
There was a need for awareness-raising and a broader consultation with civil society on topics concerning torture and ill-treatment, Mr. Gallegos Chiriboga said.
There should be social monitoring and vigilance particularly with regard to the way in which sentences were being applied. The statistics read out today showed that there was a very low number of pre-trial detention as opposed to those who had been imprisoned following sentencing, however they needed more information about those who were being kept in pre-trial detentions.
Mr. Gallegos Chiriboga was always concerned about the involvement of the military in police matters. Despite information on civil trials from military personnel involved in torture, he felt there should be further clarifications of the rules applicable and enhanced civil vigilance and accountability to be exercised, whether by Parliament or civil society groups.
Other Experts reiterated concerns about the scope of the definition of torture in Nicaraguan law, which included individuals not acting as State agents, which could create problems for jurists in applying the Convention. Despite praise for the new law on refugees, an Expert voiced concerns about the actual situation in practice with regard to expulsions, and asked about complaints brought.
Other concerns and questions raised by Experts included a request for examples of how the principle of proportionality with regard to the use of force by the police was applied; concern that some of those convicted were still kept in police cells; the time frame for detainees to enjoy their rights, such as the right to a lawyer or to contact their families; the need for strong legislation and a sustained nationwide public campaign to combat the "anti-woman virus" (i.e. which resulted in violence against women); concern that the new Criminal Code provided lesser penalties for ill-treatment that previous legislation; concern that torture carried out by military persons in the course of their duties was not a specific offence under military law; a lack of access by women to therapeutic abortions; and whether the public had confidence in the political police.
Response by Delegation
Responding to additional questions raised, on the issue of those who had been in preliminary detention for 12 months, the delegation said that those persons were persons who had in fact been convicted but had not exhausted the appeals procedure and their cases were still on appeal. There were also some persons who were tried under the previous Code of Criminal Procedure. But they were carrying out a survey right now, and were working to clarify this situation.
On alcohol, the delegation shared the Committee's concerns and noted that alcohol consumption was on the increase. One measure the Government was looking at was to put a higher tax on alcohol.
With regard to the Committee's concerns about the definition of torture in the new Criminal Code, the delegation had not understood the problem and so could not respond.
On concerns on children and human trafficking, there was a National Commission on Human Trafficking that brought together State institutions and institutions of civil society, the delegation said. A national anti-human trafficking plan had also just been included. Those were issues of great concern for Nicaragua. The new Criminal Code specifically defined the offence of commercial sexual exploitation, in particular with regard to children and adolescents. Some cases had been brought in this area, by Casa Allianza, an NGO with whom the Government worked on this issue. The offence of femicide, however, had not been defined, but it was felt that the offence was covered by the new laws on crimes against women. It remained to be seen what practical impact those new laws had before adjusting them.
Regarding the military courts, the delegation noted that, with regard to the application of a disciplinary rule by State bodies, when there were administrative faults, there were administrative sanctions applied. If there was a criminal offence, of course that had to go through the Criminal Courts. So administrative sanctions and criminal sanctions were not mutually exclusive. Generally, first an administrative sanction would be imposed, such as suspension, and then the case would be passed on to the criminal authorities for investigation.
As for closed trials, that only happened in certain cases, in particular with regard to national security or to guarantee the safety and security of those participating in the trial, such as in big drugs cases. In principle, all trials were open and public.
If there had ever been an NGO that had been prevented from entering a prison centre they could lodge a complaint, the delegation said.
There were not many public defenders, the delegation agreed. Efforts had been made to increase them, focusing in particular on remote regions. The Government tried to ensure that there was always some kind of defence and that people did have access to legal aid.
_________
For use of the information media; not an official record
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