6 de septiembre 2024
Nicaragua’s National Police will soon have authority to search and seize computers and other electronic devices, as well as demand that phone service providers release information on the calls, texts, voice mails and locations of those under investigation, without the need of a warrant. This broad extension of police powers forms part of a new revision to Nicaragua’s Criminal Procedures Code that has beensent tothe National Assembly, where approval is certain.
The revision to Law 406 of the Code represents the fourth change in the laws that Ortega has sent to his docile Congress in the last week.
Article 230, items 9, 10, 12, and 13 of this law give the National Police authority to demand information from the companies providing internet services. Police will also be empowered to force phone service providers to turn over “information regarding contractors of cell phone, landlines and associated services, including their calls, texts and voicemails, geographic locations, and the location of antennas for sending and receiving.”
The Police can also demand “the “subscriber’s identity module (SIM card) number, Internet protocol address (IP number); the international identity of mobile equipment; and authorized users of telecommunications company equipment.”
“The fact here is that this goes counter to human rights – the right to privacy. Any restriction to a human right requires, in addition to a justified cause, some jurisdictional supervision,” stated Uriel Pineda, lawyer and independent human rights consultant.
The attorney added: “When you authorize the police to carry out these actions, you’re violating people’s right to privacy and the right to due process, because the Courts should control those types of investigative actions by the National Police.”
The Police will also be allowed to “conduct sweeps, searches, inspections and seizures they deem necessary.” They will be able to extract and have access to information from computer and telephone systems.
“They’ll be able to carry out all these activities without a court warrant in “urgent cases,” and will have a three-day deadline to “obtain validation for their actions from the judicial authorities.”
Police chief can freeze bank accounts
Ortega claims that he’s requesting these reforms as a way of preempting cover-up actions. During his exposition of the reasons for the bill, he said it was to “assure these assets and accede directly and opportunely to such information as will guarantee success in confronting national and transnational crime.”
The Chief of Police will also be able to demand of public and private financial institutions that they turn over information on the transactions of individuals and groups under investigation.
They can “seize, hold, or immobilize assets, securities, certificates of deposit, documents, and bank accounts. They may also suspend financial operations or transactions. All these measures may occur without the person under investigation being informed.”
“All persons who have access to this information must maintain absolute silence regarding their content. Public officials who violate this disposition could face removal from their position, regardless of their responsibilities,” the bill details.
Uriel Pineda also pointed out that the legislation gives the National Police penal functions. “This is something that has been a previous cause of human rights violations, as we saw in the case of the political prisoners. Once you’re detained for judicial presentation, custody should pass to the prison system, and that wasn’t done,” with the political prisoners.
Procedures will continue, even in the absence of the accused
The reform to Article 99 establishes that even if declared in contempt, the legal process against a person won’t be suspended. If the trial already began, “the accused will be represented by a [public] defender.”
Attorney Pineda’s view is that: “They’re merely legalizing what they’ve been doing. For example, Article 121 speaks of allowing the hearings to take place anywhere under some circumstances. When that happened before, it was alleged to be a violation of due process. In the case of the political prisoners, many had their hearings in the place they were detained – so they’re simply normalizing this situation.”
The bill also allows for a body search, with a previous court warrant; lab tests of body fluids, and other physical interventions that could be conducted by Legal Medicine or medical or nursing staff.
According to the new norms, the authorities are obligated to return “the seized objects that aren’t subject to confiscation, restitution or embargo.”
The bill was presented on September 4, during a session of Nicaragua’s National Assembly and was sent to the Justice and Legal Matters Commission for consultation and opinion. Nicaragua’s National Assembly is totally controlled by Ortega’s FSLN Party, and any legislation Ortega or Murillo introduces is invariably approved without opposition.
This article was published in Spanish in Confidencial and translated by Havana Times. To get the most relevant news from our English coverage delivered straight to your inbox, subscribe to The Dispatch.