Illegal detention and excessive use of force against Aydil del Carmen Urbina Noguera
On 26 July 2017, the case brought against Aydil del Carmen Urbina Noguera for allegedly “interfering with the work of an official” was dismissed by the First Local Criminal Court of Managua.
Aydil del Carmen Urbina Noguera is a human rights defender and legal representative of the Fundación para el Desarrollo Comunitario – FUNDECOM (Foundation for the Communitarian Development). The organization fosters community development focused on the welfare of the poorest and most marginalized families in urban and rural areas of Nicaragua, promoting human development, citizen participation, self-management and advocacy with institutions and local governments.
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- 3 August 2017 : Case against Aydil del Carmen Urbina Noguera dismissed
- 23 June 2017 : Hearing on the case of Aydil del Carmen Urbina Noguera postponed
- 6 June 2017 : Aydil del Carmen Urbina Noguera charged
- 12 May 2017 : Illegal detention and excessive use of force against human rights defender Aydil del Carmen Urbina Noguera
On 26 July 2017, the case brought against Aydil del Carmen Urbina Noguera for allegedly “interfering with the work of an official” was dismissed by the First Local Criminal Court of Managua.
Aydil del Carmen Urbina Noguera is a human rights defender and legal representative of the Fundación para el Desarrollo Comunitario – FUNDECOM (Foundation for Communitarian Development). The organisation fosters community development with a specific focus on the welfare of the poorest and most marginalised families in urban and rural areas of Nicaragua. It also promotes human development, citizen participation, self-management and advocacy with institutions and local governments.
On 26 July 2017, the human rights defender appeared in court for the latest hearing related to accusations brought against her on 1 June 2017 for allegedly interfering with the work of an official. The judge decided to dismiss the case based on the clause of abandonment due to the absence of the accuser, a police officer. This ruling follows two postponements in the case. On 6 July 2017, both the accuser and the judge did not appear in the court session, and on 20 June 2017, the hearing was postponed due to the late arrival of the accuser.
The charges relate to an incident that occurred on 7 May 2017, when Aydil del Carmen Urbina Noguera witnessed a group of policemen physically attacking one of her neighbours. When the human rights defender complained about the violence towards him, she was also beaten and detained overnight. On 30 May 2017, the Chief of Police of the district where she had been detained, along with individuals affiliated with the Juventud Sandinista (Sandinista Youth), which supports the government, congregated in front of Aydil del Carmen Urbina Noguera’s home in an attempt to intimidate her and her family.
Front Line Defenders welcomes the decision of the judicial authorities to dismiss the case against Aydil del Carmen Urbina Noguera, since it believes that the accusation originated from her peaceful and legitimate activities promoting and protecting the rights of others.
As highlighted by the case of Aydil del Carmen Urbina Noguera, there is a growing trend whereby local authorities use article 532 of the Penal Code, the crime of “interfering with the work of a public officer”, to criminalize human rights defenders. Front Line Defenders is concerned for the situation of human rights defenders in Nicaragua, who are regularly subjected to death threats and violent attacks, including killings. In some cases, government officials have been directly involved in the violations. Front Line Defenders has previously raised its concern regarding cases of harassment, threats and intimidation in the cases of Vilma Nuñez de Escorcia, Francisca Ramírez, and Lottie Cunningham Wren.
Front Line Defenders urges authorities in Nicaragua to guarantee in all circumstances that human rights defenders are able to carry out their work without fear of reprisals and free of all restrictions, including judicial harassment.
On 20 June 2017, human rights defender, Aydil del Carmen Urbina Noguera, appeared in court for the first hearing on the case brought against her for allegedly interfering with the work of an official, in Managua, Nicaragua. The case was postponed due to the late arrival of the accuser, a police officer, who was unaccompanied by a lawyer.
Aydil del Carmen Urbina Noguera is a human rights defender and legal representative of the Fundación para el Desarrollo Comunitario – FUNDECOM (Foundation for Communitarian Development). The organisation fosters community development with a specific focus on the welfare of the poorest and most marginalised families in urban and rural areas of Nicaragua. It also promotes human development, citizen participation, self-management and advocacy with institutions and local governments.
In the morning of 20 June 2017, Aydil del Carmen Urbina Noguera appeared in court for the first hearing on the case brought against her. On 7 May 2017, she witnessed a group of policemen beating one of her neighbours. When she complained about the violence towards him, Aydil del Carmen Urbina Noguera was also beaten and detained. On 1 June 2017, the human rights defender was notified by the First Local Criminal Court of Managua that she had been charged with interfering with the work of an official. After waiting for half an hour for the absent accuser, a police officer, the judge declared the abandonment of the case. The accuser appeared right after, unaccompanied by a lawyer, and the judge decided to revert the decision and postpone the hearing to 6 July 2017.
In the court, the police officer stated that she wanted to settle the accusation through mediation. Aydil del Carmen Urbina Noguera clarified that the charges brought against her were fabricated and that no mediation was possible, because she was innocent.
On 30 May 2017, the human rights defender was subjected to further intimidation and harassment at her home. The Chief of Police of the district where she was detained, along with people from the youth group Juventud Sandinista (Sandinista Youth), which supports the government, congregated in front of her house in an attempt to intimidate her and her family.
Human rights defenders in Nicaragua are subjected to death threats and violent attacks, including killings, that often go unpunished. Not only does the government fail to offer protection, but in many cases, government officials are involved in the violations themselves. Recently, the authorities are using the broad definitions of the crime of interfering with the work of a public officer (article 532 of the Penal Code) to charge human rights defenders in the country. Front Line Defenders has previously raised its concern regarding cases of harassment, threats and intimidation in the cases of Vilma Nuñez de Escorcia, Francisca Ramírez, and Lottie Cunningham Wren.
Front Line Defenders is concerned at the postponement of the hearing in the case brought against Aydil del Carmen Urbina Noguera, since it believes that the accusation and the delayed procedures are tactics to hinder the work of the human rights defender.
On 1 June 2017, human rights defender, Aydil del Carmen Urbina Noguera, was formally notified that she has been charged with interfering with the work of an official, in Managua, Nicaragua. On 7 May 2017, she witnessed a group of policemen beating one of her neighbours. When she complained about the violence towards him, Aydil del Carmen Urbina Noguera was also beaten and detained.
On 1 June 2017, Aydil del Carmen Urbina Noguera was notified by the First Local Criminal Court of Managua that she and two other individuals had been charged with interfering with the work of an official. The court set the date of her hearing for 20 June 2017. The charges were brought after she was illegally detained and subjected to excessive use of force by state security forces. On 7 May 2017, in the early hours of the morning, while at home in Managua, Nicaragua, the human rights defender witnessed a group of policemen beating one of her neighbours on the street. She complained about the violence towards her neighbour, and during her interaction with the police, identified herself as a lawyer and a human rights defender. She was then handcuffed, dragged by force to the patrol and illegally detained at the District 5 police station of Managua, where she was subjected to further violence. She was not provided with any food during her first day of detention. On the night of 8 May 2017, the human rights defender was released, having received support from the Centro Nicaraguese de los Derechos Humanos – CENIDH (Nicaraguan Centre for Human Rights) and other human rights defenders.
On 30 May 2017, the human rights defender was subjected to further intimidation and harassment at her home. The Chief of Police of the district where she was detained, along with people from the youth group Juventud Sandinista (Sandinista Youth), which supports the government, congregated in front of her house in an attempt to intimidate her and her family.
Human rights defenders in Nicaragua are subjected to death threats and violent attacks, including killings, that often go unpunished. Not only does the government fail to offer protection, but in many cases, government officials are involved in the violations themselves. Front Line Defenders has previously raised its concern regarding cases of harassment, threats and intimidation in the cases of Vilma Nuñez de Escorcia, Francisca Ramírez, and Lottie Cunningham Wren.
Front Line Defenders condemns the intimidation and charges against Aydil del Carmen Urbina Noguera, as well as recent actions against other human rights defenders in the country. Front Line Defenders believes the heightened risks they face are designed to silence their voices as human rights defenders.
On 7 May 2017, while at home in Managua, Nicaragua, the human rights defender, Aydil del Carmen Urbina Noguera, witnessed a group of policemen beating one of her neighbours. When she complained about the violence towards him, Aydil del Carmen Urbina Noguera was also beaten and detained.
Aydil del Carmen Urbina Noguera is a human rights defender and legal representative of the Fundación para el Desarrollo Comunitario – FUNDECOM (Foundation for Communitarian Development). The organisation fosters community development with a specific focus on the welfare of the poorest and most marginalised families in urban and rural areas of Nicaragua. It also promotes human development, citizen participation, self-management and advocacy with institutions and local governments.
On 7 May 2017, in the early hours of the morning, while at home in Managua, Nicaragua, the human rights defender, Aydil del Carmen Urbina Noguera, witnessed a group of policemen beating one of her neighbours on the street. She complained about the violence towards her neighbour, and during her interaction with the police, identified herself as a lawyer and a human rights defender. A police officer from the patrol then approached her, handcuffed her and restrained her in a headlock. Aydil del Carmen Urbina Noguera was dragged by force to the patrol and detained at the Police Station of District 5 of Managua. There, the human rights defender was subject to further violence, causing her to faint. She was then taken to the Hospital Manolo Morales to be examined and was returned to the police station immediately afterwards. Aydil del Carmen Urbina Noguera had no access to food during the first day of detention. On the night of 8 May 2017, the human rights defender was released, having received support from the Centro Nicaraguese de los Derechos Humanos – CENIDH (Nicaraguan Centre for Human Rights) and other human rights defenders.
Human rights defenders in Nicaragua have been subjected to death threats and violent attacks, including killings, that often go unpunished. Not only does the government fail to offer protection, but in many cases, government officers are involved in the violations themselves. Front Line Defenders has previously raised its concern regarding cases of harassment, threats and intimidation in the cases of Vilma Nuñez de Escorcia, Francisca Ramírez, and Lottie Cunningham Wren.
On 8 March 2017, female Ministers and Vice-Ministers of the Nicaraguan government issued a letter in which they contested the eligibility of Vilma Nuñez de Escorcia, president of CENIDH, to receive the International Women of Courage Award. On 17 March 2017, indigenous rights defender, Lottie Cunningham Wren, received threats against herself, CEJUDHCAN’s staff, and other human rights defenders on Facebook. On 23 April 2017, Maynor López, the son of human rights defender Francisca Ramírez, was ambushed while he was on his way from La Fonseca to San Isidro, in Nicaragua.
Front Line Defenders is concerned by the illegal detention and excessive use of force against Aydil del Carmen Urbina Noguera, as well as the latest actions against human rights defenders in the country, as the heightened risk they face seems to be linked to a desire to silence their voices as human rights defenders.
Front Line Defenders urges the authorities in Nicaragua to:
1. Carry out an immediate, thorough and impartial investigation into the illegal detention and excessive use of force against Aydil del Carmen Urbina Noguera, with a view to publishing the results and bringing those responsible to justice in accordance with international standards;
2. Take all necessary measures, in consultation with the defender, to guarantee her physical and psychological integrity and security;
3. Guarantee in all circumstances that all human rights defenders in Nicaragua are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.
