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What can the OAS General Assembly do in the face of contempt for the Ordega Inter-US Court?

What can the OAS General Assembly do in the face of contempt for the Ordega Inter-US Court?

In an unprecedented act, the State of Nicaragua will, in accordance with the rules of the Inter-American Court of Human Rights (I / A Court HR), submit to the General Assembly of the Hemisphere Court Organization. The United States of America (AG-OEA) “insulted this country”. This decision arises because the Daniel Ortega regime refused to release 21 political prisoners at different times of the year, as ordered by that court in three resolutions.

Based on that decision, it is now the responsibility of the OAS to allow Nicaragua to refuse to comply with the resolutions of the Inter-American Tribunal. As part of the commitments to be considered a member state of the OAS, countries are obliged to comply with what is stated in the resolutions of the said Hemisphere Court. However, consensus depends only on the political will of the rulers. It has been added that at least a similar case has not been filed in recent years; Then there is no previous experience to help resolve the situation.

“This is an unprecedented case. Take the most serious action available to youSays Wilma Nunes, head of the Nicaraguan Center for Human Rights (Zenit).

He added, “In the judicial history of the Inter-American Court, there have been very few instances of contempt of a country and submission of a case to the OAS General Assembly for consideration. There is no record of contempt of a country for at least the last five years.

read more: I / A Court HR: Nicaragua ignores all decisions of this Court

I / A Court HR is concerned that political prisoners continue to be incarcerated

The Inter-American Court of Appeals ruled, “21 of the 22 beneficiaries of the provisional measures adopted by the court by resolutions of June 24, September 9 and November 4, 2021 are in custody. It is true that the court should have released him immediately.

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He added, “In most cases, domestic legal action has been taken to extend their detention. Their regular contact with relatives and lawyers has not been facilitated and they have not been guaranteed immediate access to health services and medicines.”

For the Inter-American Court, the only requirement faced by the State of Nicaragua was to authorize visits; This is because it allows relatives to confirm where their loved ones are being held and where they may not have previously known. However, this is not enough because inmates need to be guaranteed adequate communication with their lawyers and relatives.

That is why it considers that the gravitational pull, urgency and need to avoid irreparable damage to prisoners has worsened; And due to the contempt of the State of Nicaragua over time.

You may be interested in: I / One Court HR Order for Ortega Government to Immediately Release 14 Political Prisoners including Three Pre-Candidates

International law has no enforcement power

Despite the seriousness of the case, there is no mechanism for states to comply with their acquired obligations in this International Court of Justice.

“The problem is that international law has no enforcement power. It does not have the means to force the rulers to keep their promises. It does not mean that they are going to send an international force to force him or anything like that. Everything is done on the basis of announcements, resolutions, sanctions and other isolation measures,” Nunes said.

So now the members of the OAS General Assembly have to wait for their decision when they present the case. According to some researchers who want to avoid his name, it could speed up the process of expelling Nicaragua from that body.

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On November 12, during its 51st General Assembly, the OAS approved a resolution boycotting the electoral process in Nicaragua. In it, he established that the November 7 vote was “not free, fair or transparent and democratically legitimate.”

You can also read: I / A Court HR gives Ortega until October 4 to respond to provisional action in favor of Cenidh and CPDH supporters

The OAS cannot force Ordega to release political prisoners

The OAS resolution directed the Permanent Council of the Organization to submit a report on the situation in the country before November 30. The resolution was approved by a vote of 25 of the 34 member states, with seven abstaining and two abstentions.

Núñez, however, believes that the release will take more time and, if passed, will not resolve the situation of the 21 political prisoners who have benefited from the proceedings granted by the US Inter-American Court.

Political prisoners benefit from temporary measures and immediate release orders:

  1. Juan Sebastian Zamoro
  2. Violeta granora patilla
  3. Jose Aden Aguri Zamoro
  4. Felix Maradiga Plantone
  5. Lester Aleman Alfaro
  6. Freddie Navas Lopez
  7. Christian Zamoro Parios
  8. Chamorro Barrios by Pedro Joaquin
  9. Walter Gomez Silva
  10. Marcos Fletes Helmet
  11. Pedro Vasquez Cortedano
  12. Arturo Cruz Sequeira
  13. Louis Rivas Andre
  14. Miguel Mora Barborena
  15. George Hugo Torres Place Image
  16. Victor Hugo Dinoco
  17. José Pallais Arana
  18. Daisy Tamara Devila
  19. Dora Maria Telles
  20. Ana Margarita Vigil Curdian and
  21. Sueen Parahona

Lourdes Arroliga, a former employee of the Violeta Barrios de Chamorro Foundation, has benefited from interim U.S. court proceedings. The court says she not only lost her liberty, but was at risk of being detained under similar conditions as other beneficiaries.

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