Committee against Torture

Decision adopted by the Committee on the requestsrelating to Nicaragua submitted by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment under article 16 (4) of the Optional Protocol to the Convention *

1.Nicaragua ratified the Convention on 5 July 2005 and the Optional Protocol thereto on 25 February 2009.

2.On 10 November 2022, the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requested, under article 16 (4) of the Optional Protocol, that the Committee make a public statement on the refusal by the Government of Nicaragua to cooperate with the Subcommittee in accordance with articles 12 and 14 of the Optional Protocol, and publish the report of the Subcommittee on its 2014 visit to Nicaragua, containing the Subcommittee’s recommendations and observations for the State party.

3.The main reasons cited for the requests were twofold: first, the State party’s refusal to accept a visit from the Subcommittee in 2023 or to engage with it in other ways, despite the Subcommittee’s efforts to explain its mandate and the obligations of States parties to the Optional Protocol; and, second, the lack of information provided by the State party regarding measures taken to implement the recommendations contained in the Subcommittee’s report on its visit to Nicaragua.

4.Pursuant to article 16 (4) of the Optional Protocol, the Committee invited the Permanent Representative of Nicaragua to the United Nations Office and other international organizations in Geneva to attend a private meeting on 22 November 2022 to make its views known. Regrettably, the Committee received no response to its invitation.

5.In the absence of any explanation from the State party in this respect and after giving due consideration to the request of the Subcommittee, the Committee decided on 23 November 2022 to make a public statement on the matter and to publish the report of the Subcommittee on its visit to Nicaragua.

6.In application of the present decision, the Committee will issue a statement on 29 November 2022. Prior to its issuance, the Committee will invite the Subcommittee to join the statement.

7.The present decision is being made public after having been brought to the attention of the Subcommittee and the State party.