On June 9, 2010, MADRE lent a hand to Nicaraguan women's rights activist Azahalea Solis Roman, who testified before the UN Human Rights Council against her country's ban on therapeutic abortions. Her testimony is below.
The report to Nicaragua of the working group of the Universal Periodic Review mentions among other recommendations issues on the respect to the constitutional norms, respect to the human rights activists, and the revision of the law that bans abortion under all circumstances.
2.- Current Situation
The current situation in Nicaragua in relation to the issues mentioned above have worsened in the last months.
Currently, not only does a law exist that bans abortion, even in cases of saving the life of adult women, girls and adolescents, but it is also impossible to declare the unconstitutionality of this law because the Supreme Court of Justice is conformed illegally and their actions are therefore illegal.
In the Supreme Court of Justice, there are two lawyers whose terms have expired, but they are still acting as judges, supported by an illegal decree issued by the President of the Republic. The illegal actions have been imposed through intimidation and threats, including the organization of a demonstration with the participation of judges from all over the country, that concluded with shots fired from homemade weapons. These illegal actions were not followed by an investigation from the police or the office of the public prosecutor, even though the actions were public and were covered widely on tv.
a.- We request that the Special Rapporteur on Judges conduct an investigation on the constitutionality of the current situation in Nicaragua, primarily in connection to the illegal actions of the President and the illegal configuration of the highest tribunal of justice.
b.- That the Supreme Court of Justice should be formed according to the law and to be independent and impartial.
c.- To conduct an investigation and to issue sanctions against the illegal actions committed by those who organized demonstrations using fire arms prohibited by law.
Azah�lea Sol�s Rom�n
Movimiento Aut�nomo de Mujeres de Nicaragua
Autonomous Women's Movement of Nicaragua