Reed Brody: No Country Uses Statelessness Like Nicaragua
“A ruling by the International Court of Justice against Nicaragua for the deprivation of nationality would have a very important effect,” says the jurist.
HAVANA TIMES – The new report of the United Nations Group of Human Rights Experts on Nicaragua (GHREN) regarding transnational repression documents 452 cases of Nicaraguans officially stripped of their nationality. But many more have been subjected to “de facto statelessness,” after being barred from returning to the country, or denied abroad the right to renew their identity documents.
These measures of “revenge” seek to “make life impossible” for voices critical of the regime, according to Group member Reed Brody in an interview with Confidencial. “It is much more difficult for people who become de facto stateless, because they cannot prove they lack citizenship,” he notes.
Brody warns that no country in the world today promotes statelessness as much as the regime of Daniel Ortega and Rosario Murillo does in Nicaragua, in violation of the United Nations Convention on the Reduction of Statelessness. “We are promoting discussions among States so that between them they find a solution. A decision by the International Court of Justice condemning Nicaragua for the deprivation of nationality would have a very important effect,” he stresses.
Brody also points to eight ways the Ortega regime continues to violate the human rights of Nicaraguans beyond its borders, through a “broad and complex surveillance and intelligence network”: arbitrary deprivation of nationality, denial of entry, refusal of passports and elimination of identity documents, confiscation of assets, surveillance, threats and harassment, physical violence, misuse of Interpol red notices, and reprisals against relatives inside the country.
Known as the “dictator hunter,” Brody began his international career as a human rights advocate in Nicaragua in 1984, participated in the investigation of the genocide in Rwanda, and brought former Chadian dictator Hissène Habré to international justice. He also worked in documenting crimes committed by dictators Augusto Pinochet in Chile and Jean-Claude Duvalier in Haiti.
For 20 years, he served as legal counsel and spokesperson for Human Rights Watch. He has led UN missions in the Democratic Republic of Congo and El Salvador, represented exiled Tibetan women at the UN Conference in Beijing, and in recent years has pursued the former Gambian dictator Yahya Jammeh, now in exile in Equatorial Guinea.
A Fourth Phase of Repression
The new report describes a fourth phase of repression against Nicaraguans. What does it consist of and what are the main findings?
Reed Brody: It focuses on transnational repression, carried out by the Nicaraguan government outside its borders against those perceived as opponents. But it is part of the same campaign, increasingly intense, to silence critics both inside Nicaragua and in exile. 452 Nicaraguans have been officially stripped of nationality, but there are many other measures—such as banning Nicaraguans from entering or returning to their country.
We have documented 318 cases of people refused reentry into Nicaragua. Surely there are many more, because people often refrain from reporting due to fear. We have also documented passport denials in consulates in the US, Spain, and elsewhere. These individuals become de facto stateless. They have no document proving they were stripped of nationality. This shows the cruelty, the tactic of revenge.
All those on blacklists are systematically subject to confiscation. A very important part of the report deals with digital surveillance—monitoring Nicaraguans abroad identified through social media activity or opposition groups. Many phones have been tapped, platforms monitored to identify not only people in Nicaragua but especially those in the diaspora.
Who makes up this surveillance structure and how does it operate?
Transnational surveillance is organized through a multi-layered intelligence architecture involving the Army, Police, Foreign Service, and non-state agents. At the core is the Army’s Directorate of Information for Defense (DID), the Military Intelligence Agency.
Agents are tasked with identifying and monitoring internal and external threats. Targets are identified by monitoring social networks, public activities, and associations with opposition groups. Once profiled, they are subjected to surveillance—even physical surveillance by undercover officials, informants, account hacking, spyware, and intercepted communications.
We interviewed individuals who reported being photographed, followed, harassed, and approached by strangers abroad—in Costa Rica above all, but also in Honduras, Belgium, Guatemala, Spain, and the US. It is a vast intelligence and surveillance network.
Who are the targets of this surveillance? Who is monitored in exile?
Obviously, the most exposed are the most critical voices. Information suggests this especially includes former Sandinistas and former Contras. But in fact, anyone in contact with “persons of interest,” anyone who has joined opposition groups, or even posted disfavored content on social media may be targeted.
The report mentions physical violence, assassinations, and attacks against exiles, such as the killing of retired major Roberto Samcam and the attempted murder of opposition figure Joao Maldonado. To what extent are these crimes part of a pattern linked to repression ordered from Managua?
Samcam’s murder shocked the exile community. For now, motives remain unclear, but prosecutors are seriously considering political motives. His death underlined the chilling reality that even beyond borders, opponents do not feel safe.
When I was in Costa Rica recently, there was already fear of surveillance. Samcam, a very public and critical figure, though also cautious, was found in a moment of vulnerability. His murder sowed terror—perhaps deliberately, as a message to exiled Nicaraguans that the same control exercised inside the country extends abroad.
In Costa Rica, the Samcam investigation points to possible Nicaraguan Army involvement. But Costa Rica’s government remains silent and has previously denied the presence of Ortega cells in the country. What does the report say?
Many people have denounced surveillance. We monitor who the Nicaraguan government appoints to diplomatic posts—consulates and embassies—and we see many individuals with backgrounds in military intelligence or, more recently, from the Sandinista Youth.
Last week, we interviewed the mother of a political prisoner who said her family was threatened for denouncing her son’s arbitrary detention. What reprisals against families of exiles does the report document?
It multiplies the abuse. Families—especially of disappeared persons, live in fear. Repression is so systematic, and the judiciary so predatory, that people are afraid to report abuse.
The report also mentions misuse of Interpol red notices. What do you expect from the international community?
We want recognition of Nicaragua’s abuse of these mechanisms. Interpol alerts are designed to track serious criminals fleeing justice. But Nicaragua misuses them, requesting arrests of people convicted in fabricated trials without due process.
We are working to raise awareness internationally, so countries understand a red notice from Nicaragua is not the same as one from Mexico, Brazil, or Sweden. The same applies to mechanisms for “stolen passports.” We’ve seen cases where Nicaraguans were stopped at airports because their government reported their passports as false. In extreme cases, other international groups intervened to prevent deportations back to Nicaragua.
The report identifies Deputy Interior Minister Luis Cañas as deciding who can or cannot enter Nicaragua. How does this system of de facto banishment work?
It’s about absolute control—from the top leadership, through the Army, Police, Sandinista Party structures, political secretaries, and victory units. They compile lists. In our earlier report, we identified 54 people involved in abuses, including Luis Cañas.
The goal is to silence critics and then make their lives impossible. It’s cruel, affecting not just individuals but their families. Those without documents cannot rebuild their lives, validate university degrees, or access pensions.
What can democratic states do to help citizens who cannot return?
First there were the 452 officially denationalized people who became stateless. Some countries—especially Spain—have shown solidarity by offering nationality. But those left de facto stateless face greater challenges, since they cannot prove their lack of citizenship. We are working with states to raise awareness of this problem.
The UN report recommends states adopt comprehensive measures to protect these people—facilitating refugee status, exile, or naturalization.
International Justice
What would it take for Nicaragua to face trial at the International Court of Justice for violating conventions against statelessness?
For me, this is perhaps the most important recommendation. Arbitrary deprivation of nationality on an individual scale is unmatched worldwide. Statelessness usually stems from wars or mass expulsions. But here, 452 people were each declared traitors to the homeland. No other country has done this. It is a clear violation of the Statelessness Reduction Convention.
We are urging states to bring the case. Many like the idea—but want others to act.
Is it a matter of political will?
Yes. It is costly—millions of dollars—to bring a case. And only two or three new cases reach the ICJ each year. Nicaragua has appeared before the Court more than any other country.
When our last report was presented to the UN Human Rights Council, Nicaragua withdrew from the Council. It also left the ILO, UNESCO, IOM, and UNHCR after critical reports. But it clings to the International Court of Justice, even mentioning it five times in the new Constitution.
A condemnation by the International Court of Justice for deprivation of nationality would have a very significant effect. We are fostering discussions among states to seek solutions. I hope for progress but cannot yet say more at this time.
First published in Spanish by Confidencial and translated and posted in English by Havana Times.