Information on the degree of Sandinista influence or control of the police [NIC17890.E]

The United States Department of State Country Reports 1993 states that the executive is "legally responsible for overseeing ... the National Police" but adds that "Nicaragua's security forces continue to be led by Sandinista officers who operated with substantial institutional and legal autonomy" (1994, 503). The statement is identical to one made in the previous year's edition of Country Reports 1992, on which the attached section of the Lawyers Committee for Human Rights Critique provides some comments. The Critique for Country Reports 1993 is not yet available to the DIRB.

The Critique states, among other things, that "the last year has seen the increased divergence of positions and action between the army and police on the one hand and the Sandinista party on the other" (July 1993, 266).

In September 1993 one report stated that the National Police "is still controlled and staffed primarily by Sandinistas" (Central America Report 24 Sept. 1993, 281). In December 1993 Human Rights Watch reported that "the National Police reacted more aggressively against striking unionists and ex-army officers (sometimes armed) during 1993," adding that this occurred at the same time the police underwent changes, "including replacing older Sandinista figures with younger ones" (Dec. 1993, 123). The same document, which is attached, also provides brief references to the relationship between the Chamorro government and its security forces.

Changes in the security service are currently taking place; a number of Sandinista officers were removed from the police, its head was replaced, and the police will now fall under the newly created Vice-Ministry for Citizens' Security (Criminal JusticeThe Americas Feb.-Mar. 1994, 11). This development follows the late 1993 creation of a new office of Intelligence Affairs, subordinated to the executive and with a broad mandate to protect constitutional order and national security, which will replace the army's Information Directorate (Central America Report 29 Oct. 1993, 322). The attached documents provide information on the new agency's mandate and on its head, a non-Sandinista civilian.

In addition to the above, various sources have reported that since the first major demobilization of "contra" forces, certain areas of the country have come under the jurisdiction of a police force formed by former contras. References to the more recent integration of former contras into the national police force and the granting of police control over some areas of the country to former contras can be found in the attached documents. One of the attachments provides information on a new anti-narcotics law and states that "the Nicaraguan government allows the [United States] Drug Enforcement Administration (DEA) free reign in the country" (Central America Report 10 June 1994, 4).

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Central America Report [Guatemala]. 10 June 1994. "Nicaragua: New Anti-Narcotics Law."

. 24 September 1993. "Nicaragua: Taxing Violence."

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.

Criminal Justice (CJ) International [Chicago]. February-March 1993. Vol. 6, No. 1. "Nicaragua: Police Shakeup."

Lawyers Committee for Human Rights (LCHR). July 1993. Critique: Review of the U.S. Department of State's Country Reports on Human Rights Practices for 1992. New York: LCHR.

Human Rights Watch. December 1993. Human Rights Watch World Report 1994. New York: Human Rights Watch.

Attachments

Barricada [Managua, in Spanish]. 16 October 1993. Noel Irias. "President Creates Directorate of Intelligence Affairs." (FBIS-LAT-93-199 18 Oct. 1993, p. 44)

Central America Report [Guatemala]. 10 June 1994. "Nicaragua: New Anti-Narcotics Law," p. 4.

. 27 May 1994. "Nicaragua: Occupations and Violence," p. 8.

. 11 March 1994. "Government-Northern Front 3-80 Accord," p. 2.

. 29 October 1993. "New Intelligence Apparatus," p. 322.

Criminal Justice (CJ) International [Chicago]. February-March 1993. Vol. 6, No. 1. "Nicaragua: Police Shakeup," p. 11.

Latinamerica Press [Lima]. 24 September 1992. Paul Jeffrey. "Chamorro Sacks Sandinista Police Chief," p. 3.

Lawyers Committee for Human Rights (LCHR). July 1993. Critique: Review of the U.S. Department of State's Country Reports on Human Rights Practices for 1992. New York: LCHR, pp. 266-67.

Human Rights Watch. December 1993. Human Rights Watch World Report 1994. New York: Human Rights Watch, pp. 123-24.

Nicanet. 16 May 1994. "Nicaragua: Police Violence Charged." (WEB)