NICARAGUA: ARBITRARY DETENTION OF FOUR INDIGENOUS HUMAN RIGHTS DEFENDERS

The International League Against Arbitrary Detention urges the Government of Nicaragua to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 30/2024 concerning Ignacio Celso Lino, Argüello Celso Lino, Donald Andrés Bruno Arcángel, and Dionisio Robins Zacarías. The Working Group called upon the Government of Nicaragua to immediately release them and provide them with an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning these four individuals (Nicaragua): Opinion No. 30/2024.

FOUR INDIGENOUS HUMAN RIGHTS DEFENDERS TARGETED FOR THEIR ACTIVISM

Ignacio Celso Lino, Argüello Celso Lino, Donald Andrés Bruno Arcángel, and Dionisio Robins Zacarías are all Nicaraguan nationals and members of the Indigenous Mayangna community in Nicaragua. The four individuals were actively engaged in defending Indigenous land rights and environmental protections in their community. They were arrested at various times between August and December 2021 in the Bosawás Biosphere Reserve, an area that has been the scene of violent conflicts over land rights.

According to the source, their arrests were part of a broader pattern of persecution against Indigenous leaders advocating for territorial and environmental rights. The Government of Nicaragua did not respond to the allegations presented by the source.

ARRESTED WITHOUT A WARRANT AND DENIED DUE PROCESS

The source submitted that Ignacio Celso Lino, Argüello Celso Lino, Donald Andrés Bruno Arcángel, and Dionisio Robins Zacarías were arrested in 2021 without a judicial warrant and without being informed of the reasons for their detention. The detentions were allegedly conducted with excessive force as security forces in military-style uniforms raided their homes, and in the case of Mr. Robins Zacarías, he was taken while at his children’s school. At the time of their arrests, the four Indigenous defenders were not informed of their right to seek legal counsel or an interpreter, despite the fact that their native language is not Spanish. The authorities also forcefully detained them without presenting any legal documentation.

Following their detention, the four defenders were forcibly disappeared for several months, with their families unable to obtain any information about their whereabouts. They were denied the right to contact their relatives, and their access to trusted lawyers was systematically obstructed. Reports indicate that they were held in secret detention facilities before being transferred to the penitentiary system. Family members of the detainees filed habeas corpus petitions, which were summarily rejected by the courts without due consideration.

The Working Group determined that these actions violated article 9 of the Universal Declaration of Human Rights and articles 9 and 14 of the Covenant. This lack of access to legal representation and the inability to prepare a defense led to further violations of articles 3, 8, and 10 of the Universal Declaration of Human Rights and articles 14 and 16 of the Covenant.

Considering the absence of a legal justification for their detention and the refusal to allow them to challenge the legality of their imprisonment, the Working Group found their deprivation of liberty to be arbitrary under category I.

DETAINED IN RETALIATION FOR THEIR HUMAN RIGHTS ACTIVISM

The source submitted that the four Indigenous defenders were targeted and imprisoned solely for their peaceful and legitimate work advocating for the rights of the Mayangna Sauni As Indigenous community. As defenders of Indigenous land and environmental rights, they played a critical role in resisting illegal land seizures, deforestation, and violence by criminal groups seeking to exploit the Kiwakumbaih mine within their ancestral territory. In fact, before their arrests, Ignacio Celso Lino and Argüello Celso Lino were recognized as local judges and community leaders actively involved in defending collective land rights. Donald Andrés Bruno Arcángel and Dionisio Robins Zacarías had a long history of advocacy, with the latter also known for his work as a volunteer forest ranger and as a political opponent of the Sandinista National Liberation Front. So, their activism seemed to have made them direct targets of government repression, and their detention was in retaliation for their efforts to protect their territory and uphold human rights.

The Working Group accepted the source’s submission that their imprisonment was a direct attempt to silence their voices and deter Indigenous activism in Nicaragua. It concluded that their detention constituted a violation of their right to freedom of expression and association, as enshrined in article 19 of the Universal Declaration of Human Rights and article 19 of the Covenant.

On this basis, the Working Group determined that their deprivation of liberty was arbitrary under category II.

DENIED FAIR TRIAL RIGHTS AND SUBJECTED TO INHUMANE CONDITIONS

The source reported that the four defenders were subjected to prolonged incommunicado detention, where they were denied access to legal counsel, proper medical care, and basic sanitation. Despite repeated attempts by their families to visit them and provide essential food and medicines, they were frequently turned away or misled about the detainees’ whereabouts. Since 2022, family visits have been limited to five-to-ten-minute interactions through a glass window, using mobile phones provided by prison guards, with no physical contact allowed.

Furthermore, the trial proceedings were characterized by severe procedural irregularities. The defenders were denied the opportunity to communicate with their lawyers and were not given a fair chance to present evidence in their defense. Testimonies indicated that coerced confessions were used against them, and key witnesses who could testify on their behalf were deliberately excluded from the process. The trial itself lasted only a few hours, and the court rendered its verdict without presenting substantial evidence to justify their conviction.

The Working Group determined that these judicial failures constituted violations of articles 10 and 11 of the Universal Declaration of Human Rights and article 14 of the Covenant. Furthermore, the detainees were subjected to inhumane detention conditions, including isolation, overcrowding, malnutrition, psychological abuse, and reported incidents of torture, including sexual torture. These conditions were found to amount to cruel, inhuman, and degrading treatment, violating article 5 of the Universal Declaration of Human Rights and articles 2 and 16 of the Convention Against Torture.

Considering the systematic denial of due process and the ill-treatment endured by the defenders, the Working Group classified their detention as arbitrary under category III.

SUBJECTED TO DISCRIMINATION BASED ON THEIR INDIGENOUS IDENTITY

The source put forward that the four defenders were deliberately targeted because of their Indigenous identity. Throughout their detention and trial, they faced discriminatory treatment, including the denial of an interpreter despite their limited Spanish proficiency. This language barrier severely hindered their ability to understand the charges against them and effectively participate in their legal defense.

In fact, reports indicated that prison guards subjected the detainees to degrading treatment, referring to them with derogatory and racist language related to their Indigenous background. Additionally, they were frequently placed in solitary confinement for extended periods, often without justification. Their lack of access to adequate healthcare and proper nutrition further exacerbated their deteriorating health conditions.

The Working Group observed that these practices were discriminatory and were part of a broader pattern of persecution against Indigenous human rights defenders in Nicaragua. It found the failure of authorities to provide basic legal protections to the detainees and the systemic targeting of Indigenous activists to constitute violations of articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 and 26 of the Covenant.

Based on this evidence, the Working Group determined that the detention of the four Indigenous defenders was arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group against Arbitrary Detention considered that the detention of Ignacio Celso Lino, Argüello Celso Lino, Donald Andrés Bruno Arcángel, and Dionisio Robins Zacarías was arbitrary and fell under categories I, II, III, and V because their deprivation of liberty was contrary to articles 2, 5, 7, 8, 9, 10, 11, and 19 of the Universal Declaration of Human Rights and articles 2, 9, 14, 16, 19, 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 Ignacio Celso Lino, Argüello Celso Lino, Donald Andrés Bruno Arcángel, and Dionisio Robins Zacarías without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release them immediately and accord the four of them an enforceable right to compensation and other reparations, in accordance with international law.