Together with a coalition of international and regional human rights organisations, Lawyers for Lawyers (L4L) has joined a joint statement condemning the arbitrary disbarment of at least 2,000 lawyers in Nicaragua. The full statement reads as follows:
The regime of Daniel Ortega and Rosario Murillo has arbitrarily removed numerous lawyers and notaries from the registry of the Supreme Court of Justice, without official notification, prior proceedings, or publication of the corresponding decree in La Gaceta (the Official Gazette). According to reliable estimates, the measure has affected at least 2,000 individuals, who have effectively been disbarred and prevented from practising their profession. For many of them, this decision amounts to a genuine “professional death sentence.”
Most of those affected remain in Nicaragua, although some legal professionals are currently living in exile. This latest measure appears to be part of the government’s strategy to eliminate spaces for the independent practice of law and to exclude those it considers political opponents or individuals not aligned with its interests.
The gravity of this decision has been recognized and denounced by international human rights mechanisms. Both 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, warning that it constitutes a serious attack on the independence of the legal profession and the rule of law.
These actions are incompatible with Nicaragua’s international human rights obligations. In particular, they violate guarantees enshrined in the International Covenant on Civil and Political Rights (ICCPR), including the right to a fair trial and to legal assistance of one’s own choosing (Article 14), as well as the right to an effective remedy for human rights violations (Article 2(3)). Furthermore, the United Nations Basic Principles on the Role of Lawyers establish that States must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment, or improper interference (Principle 16); that they are not subjected to or threatened with administrative or other sanctions for acting in accordance with their professional duties (Principle 17); and that disciplinary proceedings are conducted before an independent and impartial body, with full respect for due process guarantees (Principle 28).
Beyond its direct impact on legal professionals, this decision seriously undermines access to justice for broad sectors of the population. Without a free and independent legal profession, thousands of people are deprived of their right to legal representation and to effective judicial protection. In particular, women seeking justice for gender-based violence may be left without legal assistance and representation.
Nicaragua: Human rights organisations condemn the arbitrary disbarment of at least 2,000 lawyers
