NICARAGUA / Human Rights and Legal Organisations Condemn the Arbitrary Disbarment of at Least 2,000 Lawyers in Nicaragua
The Daniel Ortega and Rosario Murillo regime has arbitrarily removed numerous lawyers and notaries from the registry of the Supreme Court of Justice without official notification, without any prior procedure, and without publication of the corresponding decree in La Gaceta, Nicaragua’s official newspaper. This measure has reportedly affected at least two thousand legal professionals, who have effectively been prevented from practising their profession. For many of them, this decision amounts to a genuine “professional death.”
Most of those affected remain in Nicaragua, although some legal professionals are currently living in exile. This latest measure forms part of the regime’s broader strategy to deepen its authoritarian rule, eliminate spaces for the independent practice of the legal profession, and exclude those it regards as political opponents or as failing to align with its interests.
The seriousness of this decision has been recognised by international human rights mechanisms. The Group of Human Rights Experts on Nicaragua (GHREN) and the United Nations Special Rapporteur on the Independence of Judges and Lawyers have condemned the measure, stressing that it constitutes a serious attack on the independence of the legal profession and the rule of law.
Such actions are incompatible with Nicaragua’s international human rights obligations. They undermine the safeguards enshrined in the International Covenant on Civil and Political Rights (ICCPR), including the right to a fair trial and to legal assistance by counsel of one’s own choosing (Article 14), as well as the right to an effective remedy for violations of human rights (Article 2(3)). Likewise, the UN Basic Principles on the Role of Lawyers provide that States shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference (Principle 16); that they shall not suffer, or be threatened with, administrative or other sanctions for actions taken in accordance with their professional duties (Principle 17); and that disciplinary proceedings shall be conducted before an independent and impartial body in full compliance with the guarantees of due process (Principle 28).
Beyond its direct impact on lawyers, this decision seriously undermines access to justice for broad sectors of the population. Without a free and independent legal profession, thousands of people face restrictions on their right to legal representation and to effective judicial protection. Women seeking justice for acts of gender-based violence may be deprived of legal assistance and representation.
A significant number of the lawyers removed from the registry provided legal advice and representation to victims of political persecution, both within and outside the country, as well as to human rights defenders, journalists, civil society organisations, and communities defending their territories and other collective rights. By preventing these professionals from practising, the regime further weakens the ability of these individuals and communities to access protection mechanisms and justice.
Within the context of the regime of terror established since April 2018, this purge also sends an intimidating message to the whole legal profession. It is intended to deter the independent practice of law and to warn that any legal professional representing political opponents, human rights defenders, or causes perceived as contrary to the regime’s interests may face similar reprisals. It also restricts the right to defend human rights and further contributes to the shrinking of civic space in Nicaragua.
Our organisations strongly condemn this arbitrary measure, which constitutes yet another attack on the independence of the legal profession, access to justice, and the rule of law, and forms part of the strategy to consolidate the authoritarian regime led by Daniel Ortega and Rosario Murillo.
We call on the international community, regional and international human rights protection mechanisms, bar associations, law societies, and international legal organisations to publicly condemn these measures and to urge the State of Nicaragua to:
- Immediately restore the right to practise to all lawyers and notaries who have been arbitrarily removed from the registry;
- Ensure that any decision concerning admission to, or continued membership of, the legal profession is based solely on the law and taken through independent, impartial procedures that fully respect due process guarantees and other international standards;
- Put an end to all forms of reprisals, intimidation, or persecution against lawyers for the legitimate exercise of their profession or for representing human rights defenders, political opponents, or persons belonging to vulnerable groups; and
- Adopt all necessary measures to guarantee the independence of the legal profession and full access to justice for all, in accordance with its international human rights obligations.
Our organisations also urge States hosting Nicaraguan lawyers in exile to establish mechanisms for the recognition or validation of professional qualifications, together with measures facilitating professional integration, institutional support, and technical assistance enabling these professionals to continue their legal, academic, or legal aid activities under dignified conditions.
- Centro por la Justicia y el Derecho Internacional (CEJIL)
- Comissió de Dones Advocades del Il·lustre Col·legi de l’Advocacia de Barcelona
- Fundación Justicia y Género
- Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
- Lawyers for Lawyers
- International Observatory for Lawyers in Danger (OIAD)
