Nicaragua - OPCAT Ratification

Opcat status

OPCAT Ratification February 25, 2009
UNCAT Ratification July 5, 2005
NPM Designated

Ombudsperson's Office (Procuraduría para la Defensa de los Derechos Humanos)

NPM Type

Ombuds Institution

NPM Legal Framework

Presidential Agreement N° 04-2012 (16 January 2012)

Founding legislation of the Ombudsperson's Office (December 1995)

Process

2007-2009

On 31 July 2007, President Ortega sent the OPCAT to the National Assembly for ratification. The Foreign Affairs Commission of the National Assembly was requested an opinion on this issue.

In May 2008, the Ministry of Foreign Affairs of Nicaragua, the UN Resident Coordinator's Office and the APT convened a half day seminar to promote the ratification of the OPCAT in Nicaragua. A SPT member also participated in the meeting, which gathered representatives from the government, the Ombudsperson’s Office (Procuraduría de Derechos Humanos) and civil society organisations.

According to the written opinion of the Foreign Affairs Commission on the ratification of the OPCAT, the Foreign Affairs Commission carried out some consultations with governmental institutions and non-governmental organisations which are directly linked to the administration of persons deprived of their liberty, or working closely with this issue. The Commission consulted for instance the National Police Force, the National Penitentiary System, the Armed Forces, the Ombudsman Office and the Nicaraguan Centre for Human Rights (Centro Nicaragüense de Derechos Humanos CENIDH).

All institutions and organisations consulted agreed on the necessity of ratifying the instrument.

On 26 August 2008, the Foreign Affairs Commission of the National Assembly approved the ratification of the OPCAT by decree n°5437, which was published in the Official Gazette on 10 September 2008.

The instrument of ratification was deposited to the United Nations in New York on 25 February 2009.