Nicaragua’s Judiciary: In Need of Reform

According to a report by Freedom house, Nicaragua’s judicial system can be criticized on several points. First, the judiciary is dominated by Sandinista appointees, who are susceptible to political influence and corruption. Second, it is plagued by delayed trials and a back-up of cases. Third, due the dominant influence of the two main political parties, the FSLN and PLC, on the judiciary, it is more difficult for opposition parties to get onto the ballot.

One example of this took place during the 2000 elections, when an opposition party which represented indigenous groups, the YATAMA, was not allowed to run in the election. There were two judicial bodies involved in the decision; the Consejo Supremo Electoral (CSE) is an executive body made up of representatives from the two major parties, the FSLN and PLC, and certifies the eligibility of parties to run in elections, and the Supreme Court of Nicaragua. The CSE denied th YATAMA the right to run in the elections and in response to the appeal which was brought before it, the Supreme Court ruled that it had no jurisdiction and dismissed the case.

According to a report by the UN University for Peace, the Inter-American Court of Human Rights, a body of the OAS, found that Nicaragua was in violation of articles 8 and 25 of the American Convention. Article 8 provides for the right to a hearing by a competent, independent, and impartial body. The CSE was determined to be neither independent for impartial due to the fact that it is part of the executive branch and dominated by political parties. Further, the CSE denied the YATAMA a fair trial because they did not give them the opportunity to review the decision. Article 25 provides for recourse in the event of a violation. According to Nicaraguan law, recourse is not provided for electoral matters, nor for the resolutions of the CSE. It was based on these laws that the Supreme Court ruled that it had no jurisdiction; however, those laws were found to be in violation of the American Convention by the University for Peace report.

It is acknowledged that the judiciary system in Nicaragua is in need of reform, and there have been some investigations into possible reforms, but there have been no recent reforms to address these issues.

Sources:

http://www.freedomhouse.org/inc/content/pubs/fiw/inc_country_detail.cfm?year=2007&country=7242&pf

http://www.upeace.org/PDF/amicus%20final%20draft%20_2_.pdf