MOTION FOR A RESOLUTION on the instrumentalisation of justice as a repressive tool in Nicaragua

7.6.2022 - (2022/2701(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Željana Zovko, Leopoldo López Gil, Michael Gahler, David McAllister, Rasa Juknevičienė, Isabel Wiseler‑Lima, Gabriel Mato, Juan Ignacio Zoido Álvarez, José Manuel Fernandes, Antonio Tajani, Francisco José Millán Mon, Antonio López‑Istúriz White, Paulo Rangel, Miriam Lexmann, Krzysztof Hetman, Adam Jarubas, Traian Băsescu, Arba Kokalari, Vangelis Meimarakis, Janina Ochojska, Ivan Štefanec, Michaela Šojdrová, Inese Vaidere, Elżbieta Katarzyna Łukacijewska, David Lega, Seán Kelly, Christian Sagartz, Vladimír Bilčík, Tomáš Zdechovský, Andrey Kovatchev, Sara Skyttedal, Romana Tomc, Peter Pollák, Stanislav Polčák, Lefteris Christoforou, Stelios Kympouropoulos
on behalf of the PPE Group

See also joint motion for a resolution RC-B9-0293/2022

NB: This motion for a resolution is available in the original language only.

B9‑0293/2022

European Parliament resolution on the instrumentalisation of justice as a repressive tool in Nicaragua

(2022/2701(RSP))

The European Parliament,

– having regard to its previous resolutions on Nicaragua, and in particular that of 16 December 2021 on the situation in Nicaragua,

– having regard to the declarations of 14 March 2022 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on behalf of the EU on Nicaragua,

– having regard to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (the Association Agreement between the EU and Central America),

– having regard to the Council regulations and decisions concerning restrictive measures against serious human rights violations and abuses in Nicaragua,

– having regard to Rule 144 of its Rules of Procedure,

1. whereas since 2018, the Nicaraguan authorities have carried out systematic incarceration, harassment and intimidation of political opponents, student and rural leaders, journalists, human rights defenders, business representatives, and artists;

 

2. whereas at least 182 political prisoners' opponents are held in prison for political reasons in  prison in inhumane conditions that do not comply with international human rights obligations as the UN Standard Minimum Rules for the Treatment of Prisoners -the Mandela rules;

 

3. whereas since 2022, Ortega's regime has eliminated 350 non-profit organisations; whereas since August 2021 and May 2022, 28 foreign organisations were also shut down which will increase the number of organizations summarily cancelled by 452 since 2018; whereas the Catholic church has also been the victim of Daniel Ortega’s regime as well as the Nicaraguan Academy of Spanish Language, among others;

 

4. whereas Nicaraguan courts have handed down guilty verdicts and harsh sentences to political prisoners, amongst whom the 7 presidential pre-candidates to the 2021 elections, after closed-door trials; whereas the judges and prosecutors in these trials have consistently violated due process; whereas the presumption of innocence was violated by the Office of the Prosecutor in a public note;

1. Condemns in the strongest possible terms the systematic crackdown on political opposition leaders, the suppression of civil society actors, human rights defenders and media, as well as their family members, and the persistent corruption practised by officials of the Nicaraguan regime;
2. Reiterates its call for the immediate and unconditional release of all arbitrarily detained political prisoners, and for the annulment of legal proceedings against them;
3. Calls for the re-establishment of the rule of law and the independent judiciary and the public authorities to respect the penal code, the presumption of innocence and to stop the criminalization of the opposition, to guarantee independence and impartiality;
4. Recalls that in the light of the Association Agreement between the EU and Central America, Nicaragua must respect and consolidate the principles of the rule of law, democracy and human rights; reiterates its demand that, in the light of the current circumstances, the democratic clause of the Association Agreement be triggered;

 

5. Urges the European Union to hold accountable the Nicaraguan regime, in particular its judges, for the repression in the country, and the judicial proceedings initiated against opposition figures and critiques; calls on the Council to immediately include the following judges to the list of individuals sanctioned by the EU:  Nadia Camila Tardencilla, Angel Jeancarlos Fernández González, Ulisa Yaoska Tapia Silva, Rosa Velia Baca Cardoza, Veronica Fiallos Moncada, Luden Martin Quiroz García, Karen Vanesa Chavarría, Felix Ernesto Salmerón Moreno, Nancy Aguirre Gudiel, William Irving Howard López, Erick Ramón Laguna Averruz, Melvin Leopoldo Vargas García, Irma Oralia Laguna Cruz and Rolando Sanarrusia;
6. Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the Secretary-General of the Organisation of American States, the Euro-Latin American Parliamentary Assembly, the Central American Parliament, the Lima Group, and the Government and Parliament of the Republic of Nicaragua.