By The Group of Human Rights Experts on Nicaragua
A. Background 1. Pursuant to its resolution 49/3, the Human Rights Council established the Group of Human Rights Experts on Nicaragua, to investigate alleged human rights violations and abuses committed in Nicaragua since April 2018 and provide guidance on justice and accountability. In its resolution 52/2, the Council extended the mandate of the Group for a period of two years. The Group is composed of Jan-Michael Simon (Chair), Ariela Peralta Distéfano and Reed Brody. 2. The Group has previously concluded that there were reasonable grounds to believe that, since April 2018, State and non-State actors had committed serious human rights violations and abuses against an ever-growing range of real or perceived opponents and their relatives in a systematic and widespread manner. 1 The Group determined that some of those violations constituted, prima facie, the crimes against humanity of murder, imprisonment, torture, including rape and other forms of sexual violence of comparable gravity, deportation and persecution. 3. The present conference room paper, which complements the report submitted to the Human Rights Council (A/HRC/58/26), contains the detailed findings of the Group of Experts on the structure of the repressive State, chains of command and State and individual responsibilities in relation to the main patterns of violations and abuses documented since the beginning of its mandate. Ten functional diagrams illustrating the de jure and de facto connections between different State and non-State entities are available on the Group’s web page. 2 4. The present document identifies individuals whom the Group of Experts has reasonable grounds to believe are responsible for violations, abuses and crimes. A list of these names was sent to the Government of Nicaragua to give the identified individuals an opportunity to respond to the allegations made against them. The Group recalls that while the threshold of "reasonable grounds to believe" is lower than that required to establish responsibility in criminal proceedings, it is sufficient to justify the initiation of investigations (see section I(C)(3) below). While that threshold does not preclude the identification in the present conference room paper of possible individual responsibilities, determinations about individual criminal responsibility can be made only by competent judicial authorities with full respect for the right to a fair trial of the accused. 5. Despite the Council's calls upon the Government of Nicaragua to cooperate fully with the Group, including by granting it unfettered access to the whole country, the Government continues to refuse to engage with the Group. Since the beginning of its mandate, the Group has sent 17 unanswered letters to the Nicaraguan authorities requesting information. 3 On 27 February 2025, the Government of Nicaragua announced its withdrawal from the Human Rights Council and all its subsidiary mechanisms. 4 6. On 26 March 2025, the Human Rights Council decided to postpone consideration of the adoption of the outcome document of the Universal Periodic Review of Nicaragua, fourth cycle, scheduled for the 58th session of the Human Rights Council. This decision was taken as Nicaragua's positions on the recommendations received on 13 November 2024 during the Review were not received. The Human Rights Council decided to call on the Government of Review were not received. The Human Rights Council decided to call on the Government of Nicaragua to resume its cooperation and to schedule the consideration of the outcome document of the Universal Periodic Review at its 60th session.5 7. Despite the lack of cooperation and elevated security risks for victims, witnesses and others providing information, the Group was able to gather, analyse and corroborate the information and evidence necessary to establish the facts of, and prima facie responsibility for,the serious violations, abuses and crimes described in the present conference room paper.