The International League Against Arbitrary Detention urges the Government of Nicaragua to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 59/2023 concerning Ronaldo José Álvarez Lagos. The WGAD calls on the Government of Nicaragua to immediately and unconditionally release Ronaldo José Álvarez Lagos and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Ronaldo José Álvarez Lagos (Nicaragua): Opinion No. 59/2023.
ARRESTED WITHOUT ANY LEGAL BASIS, HELD IN PRE-TRIAL DETENTION, AND SUBJECTED TO ENFORCED DISAPPEARANCE
Bishop Ronaldo José Álvarez Lagos, a Nicaraguan national born on November 27, 1966, is an ecclesiastic and the Bishop of Matagalpa. His detention occurred in a broader context of human rights violations in Nicaragua and the persecution of the Catholic Church and its members. Since the onset of the sociopolitical crisis in 2018, Bishop Álvarez Lagos has played a prominent public role in denouncing human rights abuses, calling for the release of political prisoners, and advocating for peace and reconciliation among Nicaraguans. As such, he was subjected to harassment and persecution by State agents since 2018 onwards.
On August 1, 2022, six media outlets, four of which were managed by the diocese of Matagalpa, were closed. On August 4, 2022, armed agents from the National Police were deployed in front of the Diocese of Matagalpa, specifically the home of Mr. Álvarez Lagos, and prevented him, as well as 11 other persons that were with him, from leaving this place. On August 5, 2022, a criminal investigation was initiated by the National Police against Mr. Álvarez Lagos and the other individuals deained for having attempted to organise violent groups and inciting them to commit acts of hatred.
For the following two weeks, most of the above-mentioned individuals, including Mr. Álvarez Lagos, were detained in his house. On August 19, 2022, his house was raided by security forces and all were arrested. While the others were transferred elsewhere, Mr. Álvarez Lagos was transferred to a private residence owned by his family in Managua and held in preventive house arrest. On December 13, 2022, he was officially charged with crimes of conspiracy to undermine national integrity and spreading false news to the detriment of the Nicaraguan State and society, and was later transferred to La Modelo prison. On the basis of these charges, on February 10, 2023, it was announced that Mr. Álvarez Lagos was sentenced to 26 years and 4 months in prison, and stripped of his civil rights and nationality. Though the defence filed two appeals, they were not granted. The Government was given the opportunity to answer these allegations, which it did not.
Whether it be on the day of his arrest or during his transfer to a private residence following the police operation, Mr. Álvarez Lagos was not presented with an arrest or search warrant, nor informed of the reasons of his detention. Neither were the other individuals arrested in the meantime. Considering no judicial decision supported his arrest, the Working Group found his rights to liberty and security of person and not to be arbitrarily detained, guaranteed by articles 3 and 9 of the Universal Declaration of Human Rights and article 9(1) of the Covenant, had been violated.
Following his arrest in August, Mr. Álvarez Lagos was only brought before a judge for the first time on December 13, 2022. As such, the Working Group found that his right to be promptly brought before a judicial auhtority following his arrest, protected by article 9 of the Universal Declaration of Human Rights and article 9(3) of the the Covenant, had been violated. Besides, Mr. Álvarez Lagos was thus held for several months in pre-trial detention. The Working Group found this form of detention to have been execessively long in that case, and in violation of the article 10 of the Universal Declaration of Human Rights. The Working Group reminded that preventive detention should only be used a precautionary measure of last resort and should only be used for the shortest time possible.
At the time of the source's communication, and since his sentencing, the family of Mr. Álvarez-Lagos had not been able to receive information about his whereabouts, despite their multiple attempts. As such, the Working Group considered that Mr. Álvarez-Lagos had been subjected to enforced disappearance, in violation of article 9 of the Universal Declaration of Human Rights and article 9(1) of the Covenant. In these circumstances, the Working Group also found that Mr. Álvarez-Lagos was deprived of his rights to be protected under the law, to challenge the legality of his detention and so to access an effective remedy, thus violating articles 6 and 8 of the Universal Declaration of Human Rights and articles 2(3), 9(4) and 16 of the Covenant.
Lastly, the Working Group expressed its concern concerning the lack of evidence or legal basis for which the judge accepted the Prosecutor's charges against Mr. Álvarez Lagos. The Working Group also declared its concern as to the lack of consideration of the authorities for Mr. Álvarez Lagos' health condition, specifically concerning his chronic condition and the effects of his consumption of tap water while in prison. The Working Group notably reminded that, under article 10 of the Covenant, detainees should be treated humanely and with respect for the inherent dignity of the human person.
Thus, the absence of any legal grounds for Mr. Álvarez Lagos' detention led the Working Group to conclude that his detention was arbitrary under Category I.
DETENTION AS A RESULT OF THE EXERCISE OF HIS FUNDAMENTAL FREEDOMS
Since the 2018 social unrest in Nicaragua, Mr. Álvarez Lagos had become a prominent voice denouncing human-rights violations. As such, he was harassed and persecuted by the State on numerous occasions, and among many other individuals related to the Catholic Church who did the same. Notably, following the unrest, the President of Nicaragua publicly criticised the bishops, while specifically pointing out Mr. Álvarez Lagos.
Considering the above, the Working found that Mr. Álvarez Lagos was detained as a direct consequence of the exercise of his fundamental rights and freedoms. Namely, his right to freedom of political opinion and expression, his right to practice his religion and his right to peaceful assembly, protected under articles 18, 19 and 20 of the Universal Declaration of Human Rights and articles 19, 21, and 22 of the Covenant.
Therefore, by detaining Bishop Álvarez Lagos for his religious and political activities, the Government of Nicaragua violated his rights and engaged in actions that the Working Group deemed arbitrary under Category II.
NUMEROUS VIOLATIONS OF HIS RIGHT TO A FAIR TRIAL
First, several authorities publicly presented Mr. Álvarez Lagos as a convicted criminal before an oral and public trial had begun. Notably, while making a public statement concerning the deportation of 222 detainees that were allegedly linked to the 2018 social unrest, the President of Nicaragua explained that Mr. Álvarez Lagos had refused to comply with this judicial order and thus had been transferred to La Modela prison. Additionally, on February 10, 2023, the President of the Court's Chamber which heard the case of Mr. Álvarez Lagos publicly read the operative section of the above mentioned sentence against him. Both of these declarations were made prior to February 15, 2023 - date of the scheduled trial of Mr. Álvarez Lagos. Considering the above, the Working Group thus found that Mr. Álvarez Lagos' right to be presumed innocent until proven guilty, guaranteed under article 11(1) of the Universal Declaration of Human Rights and article 14(2) of the Covenant had been violated.
Besides Mr. Álvarez Lagos was thus sentenced without a trial and in absentia, as the declaration of the Appeal Chamber was made before the trial could take place. The Working Group declared this situation had violated his right to be trialed in his presence, during a public hearing and by a competent, independent and impartial tribunal, though protected under article 14(1) and 3 (d) of the Covenant. On top of that, Mr. Álvarez Lagos was sentenced by the Court of Managua for a crime that allegedly occured in Matagalpa. As such, the Working Group noted that the Court that sentenced him had no territorial jurisdiction over the case, and consequently found that his right to be tried by a natural judge was violated, in contravention of article 14(1) of the Covenant.
The Working Group further notes the ineffectiveness of the remedies filed by Mr. Álvarez Lagos to request a review of his detention. Notably, Mr. Álvarez Lagos was denied the possibility of filing a habeas corpus, which the Working Group considered to be violations of articles 9 and 10 of the Universal Declaration of Human Rights and article 14(5) of the Covenant. Besides, Mr. Álvarez Lagos was not informed of the accusations against him and only accessed legal representation four months after his arrest, when a public defender was appointed to his defence by the judge. As such, during this period, the Working Group found that Mr. Álvarez Lagos was deprived of his rights to equality of arms and to have adequate and sufficient time and facilities to prepare his defence, which contravened articles 10 and 11(1) of the Universal Declaration of Human Rights and article 14(3)(b) of the Covenant.
Finally, the Working Group also expressed its concern about the fact that following enforced disappearance, Mr. Álvarez Lagos' family was summoned to visit him and that this visit was publicised, thus exposing Mr. Álvarez Lagos and his family
Altogether, the Working Group thus concluded that the breaches of Mr. Álvarez Lagos' right to a fair trial were of such gravity that they rendered his detention arbitrary under Category III.
DISCRIMINATED BASED ON HIS RELIGIOUS BELIEFS AND POLITICAL OPINIONS
Mr. Álvarez Lagos’ detention was also found to be discriminatory, targeting him based on his religious beliefs and political opposition. The Working Group noted that his persecution was part of a broader pattern of discrimination against the Catholic Church and its leaders in Nicaragua, who have been vocal about human rights issues. As such, the Working Group found that articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant, which guarantee equality before the law and protection from discrimination on any ground, including religion and political opinion, had been violated.
Hence, the Working Group considered that the detention of Mr. Álvarez Lagos was arbitrary under Category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Ronaldo José Álvarez Lagos was arbitrary and fell under categories I, II, III, and V because the deprivation of his liberty was in contravention of articles 2, 3, 6, 7, 8, 9, 10, 11, 18, 19, and 20 of the Universal Declaratiton on Human Rights and articles 2, 9, 14, 16, 19, 21, 22, and 26 of the International Covenant on Civil and Political Rights.
The Working Group recommended that the Government of Nicaragua take the steps necessary to remedy the situation of Ronaldo José Álvarez Lagos without delay and bring it into conformity with the relevant international norms. The Working Group urged the Government of Nicaragua to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Mr. Álvarez Lagos and to take appropriate measures against those responsible for the violation of his rights.
The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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