human rights defender

Harry Bayardo Chávez Cerda

Urgent support needed

(AI Translated) Access to justice

Organization affiliation

  • Instituto para el Desarrollo de la Democracia (IPADE)

HRD's year of birth

1957

HRD's Gender

Man

Type of HRD

  • NGO member

HRD's thematic area of engagement

  • Civil and political rights

HRD's geographical origin

Urban

HRD's bio and work

(AI Translated) Harry Chávez, 67 years old, economist and election expert. He served until 2017 as coordinator of the Electoral Program for the Institute for Development and Democracy (IPADE), a non‑profit organization that worked promoting sustainable development and democracy in Nicaragua, whose legal personality was revoked in December 2018, being one of the first eight NGOs whose legal personality was cancelled, and whose premises were raided and confiscated. Chávez worked for more than 15 years at IPADE and was in charge of evaluating, observing and issuing reports on electoral processes. In 2017, he processed his retirement and left his position in that organization. On November 6 he was detained and accused of having made social‑media posts about the Renacer Law, approved in the United States to sanction the regime; for this he was subjected to Law 1055 and the Special Cybercrime Law, statutes that have been challenged as unconstitutional and that do not conform to international human‑rights standards.

Current Status

Released

Detained since

Nov 6, 2021

Date of release

Feb 9, 2023

Charge(s)

  • Spreading fake news
  • Subversion

Sentence

(AI Translated) 10 years imprisonment

Geolocation of detention

Country or area of detention

Region of detention

  • Americas: Latin America and the Caribbean

Location of detention - City/Town

(AI Translated) Managua

Location of detention - Facility

(AI Translated) Judicial Assistance Office “Evaristo Vásquez” known as the New Chipote

Allegations / reports of ill-treatment

(AI Translated) During the 2021 electoral process held in Nicaragua, he provided information on the electoral context, and as an expert on these matters, gave private consultations.

On November 6 2021, a day before the general elections in Nicaragua, he was arbitrarily detained at his residence, without a detention order or information about the reasons for his detention, and taken to the offices of the Directorate of Judicial Assistance, known as “El Nuevo Chipote.” However, the authorities of that penal institution denied his family access to the location. Days later he was located in Police District I of Managua, where he remained for a period of 25 days completely cut off from his family and his defense lawyer; he only received food that was never actually delivered to him. He was also not allowed any clothing or medication. He slept on the concrete and was kept in isolation in a small cell.

On December 1 2021, he was transferred to the National Penitentiary System Jorge Navarro, known as “La Modelo,” and until then family visits were authorized every 15 days, always under surveillance; the family members were photographed the entire time and forced to sign documents stating that Mr. Chávez was in excellent condition so as not to suffer reprisals.

He remained in the lower gallery 16‑5 B of the La Modelo penitentiary, in a cell measuring 4 by 4 meters, where he was with 20 common prisoners, in inhuman conditions, overcrowded and very humid. He slept next to the hole used for physiological needs, on the wet floor, and on several occasions his mattress became soaked with feces and urine. Until March 2022 his family could bring a piece of fabric, with which he improvised a kind of hammock to sleep. He stayed in the cell without being able to leave it, had no right to any recreation, was not allowed to go out for sunlight, nor were blankets provided to protect him from the cold. The cell was infested with rats and cockroaches, which deteriorated his health, and he received no medical care since his detention, developing severe skin infections aggravated by the unsanitary conditions, as well as other health problems associated with his age. He contracted a skin fungus due to the overcrowding, affecting several parts of his body, and also suffered edema in his elbows and ankles, severe dizziness, tinnitus and hearing loss. He recorded depression, sleep apnea, disorientation and confusion, without receiving medical attention. Personal Appearance Motions for illegal and arbitrary detention, petitions requesting medical care and others were filed, all of which were rejected by the judicial authorities.

Recent case update / evolution

(AI Translated) Details of the sentence: 10 years imprisonment and 800 days fine (C$52,767.44).

On February 7, 2023, the defense attorney of Mr. Harry Chavez received a judicial notification stating that Mr. Chavez is declared a traitor to the Fatherland and his civic rights are revoked. On February 9, 2023, he was released from prison and deported to the United States; on the 10th of the same month he was stripped of his Nicaraguan nationality by a Supreme Court of Justice resolution, which also ordered the seizure of his assets, leaving him stateless, so he was forced to assume another nationality, opting for Spanish nationality. He is currently exiled in the United States and continues to demand the release of political prisoners and to seek access to justice.

Any other relevant documents

(AI Translated) Precautionary Measures No. 265-22, 859-22 and 866-22, Resolution 68/2022, Inter-American Commission on Human Rights https://www.oas.org/es/cidh/decisiones/mc/2022/res_68-2022_mc_265-22_859-22_866-22_ni_es.pdf

IACHR grants precautionary measures in favor of opposition persons in Nicaragua https://www.oas.org/pt/CIDH/jsForm/?File=/es/cidh/prensa/comunicados/2022/273.asp

Samantha Jirón, the first political prisoner exiled from Nicaragua who accepts Spanish nationality https://www.elmundo.es/internacional/2023/02/15/63ed3a53fdddff9e258b45c1.html

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