Inter-American Human Rights Court Rules Against Nicaragua
Establishes that “indefinite reelection Is NOT a Human Right”
The ruling establishes the illegality of dictator Daniel Ortega’s mandate since his first reelection in 2011 and sets regional jurisprudence.
HAVANA TIMES – The ruling by the Inter-American Court of Human Rights (IACHR) against the State of Nicaragua for the “lack of integrity in the 2011 electoral process” and the “abusive use of the state apparatus” to favor Ortega’s reelection sets a legal precedent against regional dictatorships. In addition to declaring the illegality of Ortega’s reelection, it clarifies that indefinite reelection is “not a human right.”
“This is one of the first times that the Court refers to the electoral issue, meaning that it incorporates the protection of the right to be elected in free and transparent elections into human rights violations,” commented Bolivian lawyer Jaime Aparicio, one of the attorneys who accompanied former presidential candidate Fabio Gadea Mantilla in his complaint against the Nicaraguan state for violating his political rights during the 2011 general elections.
The ruling in this case “sets jurisprudence and precedents for those affected by an election that is not transparent—and where the official candidate illegally uses their position of power to run, as in Ortega’s case in the 2011 election. Let it be known that it was an illegally held reelection since reelection is not a human right,” explained Aparicio.
It will also assist in judging the validity of future elections in the region because “now candidates who are victims of an abuse of power and an election without integrity will be able to approach the Court, as there is now jurisprudence. In countries where there have been frauds, like Bolivia with Evo Morales… the door is open for cases to be brought before the Inter-American system,” said Aparicio.
Ortega’s Reelection Was Illegitimate
The IACHR not only pointed out the violation of Fabio Gadea Mantilla’s political rights and judicial guarantees but also included other elements in its ruling regarding the lack of transparency and integrity of an election, such as the use of state assets and the abuse of power. These actions make it impossible for the election to take place on an equal footing.
This ruling “is the legal confirmation that there is no legitimate president in Nicaragua, but rather a dictator who has usurped power, like (Nicolas) Maduro in Venezuela. What exists in Nicaragua is a dictatorship, and this is the first time that there is a legal precedent determining the illegality of Ortega’s presidency,” emphasized Aparicio, who was the head of the Carter Center’s election observation mission in Nicaragua in the 2006 elections.
“Ortega can no longer, according to the Inter-American system and international law, claim that he has been elected in a free election in Nicaragua. He is just another dictator, like (Anastasio) Somoza, or (Rafael) Trujillo, or (Alfredo) Stroessner,” Aparicio added.
Since this case was presented in 2011, first before the Inter-American Commission on Human Rights and later before the IACHR, 14 years have passed, and Ortega has been reelected three times. Therefore, this ruling, according to the lawyer, represents another step in the demand for free and transparent elections in Nicaragua.
He warned that—even at the Permanent Council of the Organization of American States—there are countries that continue to discreetly support the region’s dictatorships. Therefore, “this ruling serves so that at least the truly democratic countries make a new effort to pressure dictator Ortega and his wife to hold free and transparent elections in Nicaragua.”
“We know this is difficult; we know that all kinds of efforts have been made with Nicaragua, but until today, the dictator remains in place, immovable. But I believe this is another step in legally demolishing the appearance that Ortega wants to give his regime as if it were the product of an election. This already shatters that argument,” he added.
Aparicio said the IACHR ruling may contribute to strengthening international pressure against dictatorships like Ortega’s in Nicaragua. “These steps with international legal implications, which are violations of international law, will always help. They at least help legally and morally to denounce these dictatorships with a little more weight in the arguments.”
Reparation Measures
In addition to declaring the illegality of Daniel Ortega’s reelection, the IACHR ordered the Nicaraguan state to implement necessary measures to “adapt its internal regulations” to the standards set in the ruling.
In its ruling, the IACHR also ordered Nicaragua to adopt measures to ensure that the Supreme Electoral Council guarantees impartiality and independence and to provide adequate means of appeal in cases of violations of electoral law when political rights are at stake.
The IACHR also pointed out that the Nicaraguan state has been in contempt of its orders since 2022. However, Aparicio warned, “one day they will have to answer for this violation.”
First published in Spanish by Confidencial and translated and posted in English by Havana Times.