Facts
On 18 April 2018, a series of reforms to the social security system triggered the outbreak of social protests against the government of Nicaragua. Thousands of people across the country took to the streets daily to demonstrate. Protesters have been repressed by the National Police and its anti-riot forces, with the support of “Sandinista mobs” (turbas sandinistas), pro-government armed groups allegedly used to generate disorder and quash protesters.
According to a 2021 report of the Inter-American Commission of Human Rights, at least 355 people died, including 27 children, and 2’000 were injured. Health professionals were reportedly ordered not to treat people injured as a result of their participation in the mobilizations, and those who disregarded this order were allegedly dismissed. In addition, more than 1’614 were allegedly imprisoned; hundreds of health professionals, journalists, teachers and students were fired or expelled; and over 100’000 people fled Nicaragua.
Since 2018, Ortega’s government allegedly intensified the persecution of its political opponents, in particular due to the 2021 disputed elections in which Ortega was re-elected for a fourth consecutive term. It is reported that thousands have been detained and sentenced to lengthy prison terms, including presidential aspirants, public figures, former workers of civil society organizations and church representatives.
Procedure
In September 2022, a complaint against President Daniel Ortega, vice-president Rosario Murillo and fourteen other high-ranking Nicaraguan officials (including Francisco Javier Díaz Madriz, chief of the Nicaraguan police and Julio César Avilés Castillo, chief of the armed forces) was filed for the crimes against humanity of enforced disappearances, torture, murder and deprivation of liberty among other crimes committed since 2018. The complaint alleges that the highest political command ordered a systematic attack against the civilian population.
In October 2022, an investigation was opened under universal jurisdiction into crimes against humanity. As an initial investigative measure, the Argentinian prosecuting authorities sent a rogatory letter to Nicaragua to ask whether it was already investigating and prosecuting those crimes. International organizations’ public reports regarding the crush of protesters were added to the investigation file, including reports of the Inter-American Commission on Human Rights, the United Nations Human Rights Council, the United Nations Group of Human Rights Experts on Nicaragua, Amnesty International, the Center for Legal and Social Studies, the International Federation for Human Rights and the Nicaraguan Center for Human Rights.
A second complaint was added in early November 2022 by the Argentina-based NGO Centro de Asistencia Legal Interamericano en Derechos Humanos (Center for Inter-American Legal Assistance in Human Rights).
On 24 November 2023, the National Prosecutor’s Office formally requested statements from Ortega and Murillo.
In August 2024, the plaintiffs’ lawyers submitted a request to a federal judge for a summons to appear and international arrest warrants against Daniel Ortega, Rosario Murillo and other officials.
In October 2024, a hearing took place before the National Criminal and Correctional Court in Buenos Aires, during which the plaintiffs’ lawyers presented evidence of statements made by Francisco Díaz Madriz, head of the Nicaraguan police, in which he is reported to have attributed responsibility to Ortega and Murillo for the orders to repress the protests that took place in 2018.
On 30 December 2024, a federal judge issued arrest warrants and summoned President Daniel Ortega, Vice President Rosario Murillo and fourteen other officials for questioning.