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Nicaragua

Executive Summary

Nicaragua has a highly centralized, authoritarian political system dominated by President Daniel Ortega Saavedra and his wife, Vice President Rosario Murillo Zambrana. Ortega’s Sandinista National Liberation Front party exercises total control over the executive, legislative, judicial, and electoral functions. President Ortega was inaugurated to a third term in office in January 2017 following a deeply flawed electoral process. The 2016 elections expanded the ruling party’s supermajority in the National Assembly, which previously allowed for changes in the constitution that extended the reach of executive branch power and the elimination of restrictions on re-election for executive branch officials and mayors. Observers noted serious flaws in municipal, regional, and national elections since 2008. Civil society groups, international electoral experts, business leaders, and religious leaders identified persistent flaws in the 2019 Caribbean regional and 2017 municipal elections and noted the need for comprehensive electoral reform.

The Nicaraguan National Police maintains internal security. The army is responsible for external security but also has some domestic security responsibilities. Both report directly to the president, pursuant to changes in the police and army code in 2014. Parapolice, which are nonuniformed, masked, and armed groups with tactical training and organization, act in coordination with government security forces, under the direct control of the government, and report directly to the national police. Civilian authorities maintained effective control over police and parapolice security forces. Members of the security forces committed numerous abuses.

Significant human rights issues included: unlawful or arbitrary killings, including extrajudicial killings, committed by the government or its agents; forced disappearances by parapolice forces; torture and cases of cruel, inhuman, or degrading treatment or punishment by prison guards and parapolice; harsh and life-threatening prison conditions; arbitrary detentions by police and parapolice; political prisoners and detainees; politically motivated reprisal against individuals located outside the country; a serious lack of independence of the judiciary; and arbitrary and unlawful interference with privacy. There were serious restrictions on free expression and the press, including threats of violence, censorship, and criminal libel; and substantial interference with the rights of peaceful assembly and freedom of association, as well as severe restrictions on religious freedom, including attacks on the Roman Catholic Church and church officials. The government continued to block nine nongovernmental organizations and civil society organizations from recovering their legal status and illegally withheld their assets, preventing them from operating; during the year the government stripped one more nongovernmental organization of its legal status. Government restrictions on freedoms of expression, association, and assembly precluded any meaningful choice in elections. Elections for municipal authorities as well as for president and vice president and National Assembly representatives have been considered marred by fraud and irregularities since 2008. There was widespread corruption; lack of investigation of and accountability for violence against women; trafficking in persons; discrimination and violence against ethnic minorities and indigenous communities; threats and attacks against lesbian, gay, bisexual, transgender, and intersex persons; and child labor, including commercial sexual exploitation.

Parapolice and individuals linked to the Ortega regime carried out a campaign of harassment, intimidation, and violence toward perceived enemies of the regime, such as former political prisoners, campesino activists, prodemocracy opposition groups, human rights defenders, and Catholic clergy. Human rights groups alleged that between October 2018 and August, parapolice killed at least 30 campesinos considered to be opponents of the ruling party.

The government did not take steps to identify, investigate, prosecute, or punish officials who committed human rights abuses, including those responsible for at least 325 killings and hundreds of disappearances during the prodemocracy uprising of April 2018. President Ortega actively strengthened impunity for human rights abusers who were loyal to him.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, cases of torture were well documented, and public officials intentionally carried out acts that resulted in severe physical or mental suffering for the purposes of securing information, inflicting punishment, and psychologically deterring other citizens from reporting on the government’s actions or participating in civic actions against the government. Members of civil society and student leaders involved in the protests that began in April 2018 were more likely than members of other groups to be subjected to such treatment.

On February 6, authorities arrested Kevin Solis after he had participated in a protest at Central American University. Prison officials routinely beat him while in custody in La Modelo Prison and doused him with buckets of water throughout the night to deprive him of sleep. As of November, Solis had remained in solitary confinement for at least five months with no access to sunlight. Prison guards threatened him with execution and pointed weapons at his head. In April a court convicted and sentenced Solis to four years’ imprisonment for aggravated robbery and assaulting a police officer, even after the officer confirmed he had retrieved the stolen goods elsewhere.

On March 8, police captured Melvin Urbina in Posoltega. When the police released him on March 10, Urbina was unable to walk and badly bruised in his eyes, ears, legs, back, and abdomen. He was taken to a hospital and died on March 12. Urbina’s family reported police surveilled Urbina’s wake and burial and at one point attempted to take the body to perform a forensics analysis. Human rights groups documented several cases of government supporters who tortured opposition activists by using sharp objects to carve the letters “FSLN” into the arms and legs of opposition activists.

Local human rights organizations said men and women political prisoners were subjected to sexual violence while in the custody of security forces. Human rights organizations reported female prisoners were regularly subjected to strip searches, degrading treatment, and rape threats while in custody of parapolice forces, prison officials, and police. Prison officials forced female prisoners to squat naked and beat them on their genitals to dislodge any supposed hidden items.

Impunity persisted among police and parapolice forces in reported cases of torture, mistreatment, or other abuses. The NNP’s Office of Internal Affairs is charged with investigating police suspected of committing a crime. The Office of the Military Prosecutor investigates crimes committed by the army, under the jurisdiction of the Office of the Military Auditor General. With complete control over the police, prison system, and judiciary branch, however, the FSLN governing apparatus made no effort to investigate allegations that regime opponents were tortured or otherwise abused.

Section 4. Corruption and Lack of Transparency in Government

There was widespread corruption, including in the police force, the CSE, the Supreme Court, customs and tax authorities, and other government organs. Municipal governments and regional governments of the Caribbean Coast were also plagued by corruption. The Managua municipal government reportedly engaged in corrupt practices related to infrastructure projects. The government did not enforce criminal penalties for corruption, allowing officials to engage in corrupt practices with impunity. The Supreme Court and lower-level courts remained particularly susceptible to bribes, manipulation, and political influence, especially by the FSLN. Companies reported that bribery of public officials, unlawful seizures, and arbitrary assessments by customs and tax authorities were common.

Corruption and impunity remained rampant among government officials, and a general state of permissiveness hindered the possibility of addressing the problem effectively. A lack of strong institutions, a weak system of checks and balances, and the absolute political control of government institutions allowed for corruption to continue with impunity.

Corruption: The Office of the Comptroller, responsible for combating corruption within government agencies and offices, did not carry out a complete verification of the government’s full financial statements. For example, the comptroller maintained that Albanisa, a private company controlled by regime insiders that imported and sold Venezuelan petroleum products, as well as associated revenue under the Venezuela oil cooperation agreement, were not subject to audit because the National Assembly did not approve the agreement.

Executive branch officials continued to be involved in businesses financed by economic and developmental assistance funds lent by the Venezuelan-led Bolivarian Alliance for the Peoples of Our America (ALBA), all of it outside the normal budgetary process controlled by the legislature. Media reported that companies linked to previous ALBA-funded contracts and with links to the president’s family were tightly controlled by the FSLN, with little public oversight. Cases of mismanagement of these funds by public officials were reportedly handled personally by FSLN members and President Ortega’s immediate family, rather than by the government entities in charge of public funds.

Financial Disclosure: Public officials rarely made their financial information public as required by law, and there was no public record of sanctions for noncompliance.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups reported lack of access to justice and discrimination and lack of response from the NNP. The government and FSLN supporters frequently targeted LGBTI participants in civil protests in particular, using online smear campaigns and physical attacks in some cases. LGBTI opposition members were particularly targeted with sexual violence by the NNP, parapolice, and progovernment supporters. In September a lesbian opposition leader was raped and beaten, reportedly due to her political activism. The NNP had not investigated the case as of September. LGBTI activists said political prisoners self-censored their orientation, fearing increased abuse from prison guards. Reliable data on the breadth of such discrimination were not available. No specific laws exist to punish hate crimes against LGBTI persons.

Transgender women detained for participating in prodemocracy protests were particularly harassed while in custody. They were kept with male inmates, forced to strip in front of their peers, and specifically harangued by guards. The law does not recognize the right to gender identity self-determination, and as such the penitentiary system is not required to separate inmates based on gender identity. There were reports of attacks against Celia Cruz, a political prisoner and transgender woman, and the NNP reportedly failed to investigate the cases appropriately.

Although it does not mention sexual orientation and gender identity specifically, the law states all persons are equal before the law and provides for the right to equal protection. No laws specifically criminalize consensual same-sex sexual conduct between adults. LGBTI persons, however, continued to face widespread societal discrimination and abuse, particularly in housing, education, and employment. LGBTI organizations continued to complain the law curtailed the rights of LGBTI households by defining families as necessarily headed by a man and a woman; this definition particularly affected LGBTI households’ access to social security, survivor benefits, and adoption rights.

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