Posts
1. Nicaragua
is a signatory to the 1980 Hague Convention on the Civil Aspects of
International Child Abduction. However, the United States is not partnered with
Nicaragua under the Convention. There are no bilateral agreements in
force between Nicaragua and the United States concerning international parental
child abduction.
2. The
State Department has determined that Nicaragua is a “Non-Convention Country”
that has “Demonstrated a Pattern of Noncompliance” within the meaning of the
International Child Abduction Prevention & Return Act, because with respect
to calendar year 2015, because “Fifty percent or more of the total abduction
cases are unresolved abduction cases as defined by the Act” and “Nicaragua
persistently failed to work with the United States to resolve abduction cases
in 2015.”
3. While
the Nicaraguan Central Authority previously cooperated with the Department in
efforts to resolve cases of children abducted to Nicaragua from the United
States, that cooperation stopped in early 2016 when the Nicaraguan government
asked the Department to communicate with the Ministry of Foreign Affairs
instead. In the spring 2016, U.S. Embassy Managua delivered a diplomatic note
to the Nicaraguan Ministry of Foreign Affairs requesting Nicaragua’s assistance
with two international parental child abduction cases.
4. Upon
release of the 2016 Annual Report, U.S. Embassy Managua delivered a demarche to
the Government of Nicaragua noting that the Department had cited Nicaragua in
the report as demonstrating patterns of noncompliance
5. The
U.S. State Department reports that:
·
The Government of Nicaragua is authoritarian,
limits freedom of expression and peaceful assembly, represses internal dissent,
and monitors and responds to perceived threats to authority.
·
In 2015 there was also widespread corruption,
including in the police, Supreme Court of Justice and other government organs.
·
Nicaraguan authorities may physically or
electronically monitor, detain, and question private U.S. citizens concerning
their activities, including contact with Nicaraguan citizens, especially
related to topics as varied as the proposed interoceanic canal, elections, and
criticism of the Government of Nicaragua.
·
There are severe penalties in Nicaragua for
domestic violence, psychological abuse, and non-payment of child support.
·
The government-controlled legal system can
result in prolonged detentions of U.S. citizens without charges or due
process.
·
In 2015, although the law provides for an
independent judiciary, the judicial system did not function independently. The
law requires vetting of new judicial appointments by the Supreme Court of
Justice, a process unduly affected by nepotism, personal influence, or
political affiliation. Once appointed, many judges submitted to political and
economic pressures that compromised their independence. NGOs complained of a
delay of justice caused by judicial inaction and widespread impunity,
especially regarding family and domestic violence and sexual abuse. Authorities
occasionally failed to respect court orders.
·
In 2015, while the government resolved some
property claims during the year, it regularly failed to enforce court orders
with respect to seizure, restitution, or compensation of private property.
Enforcement of court orders was frequently subject to nonjudicial
considerations. Members of the judiciary, including those at senior levels,
were widely believed to be corrupt or subject to political pressure.
·
Demonstrations occur frequently throughout the
country; in the past, these have turned violent. Avoid demonstrations and
exercise caution around large gatherings.
·
Violent crime occurs throughout Nicaragua.
Vehicle burglaries, pick-pocketing, and occasional armed robberies occur in
store parking lots, on public transportation, and in open markets like the
Oriental and Huembes Markets in Managua. Street crime is also common in Puerto
Cabezas, Bluefields, and the Corn Islands. Police presence is extremely
limited outside of major urban areas, including on the Pacific Coast and
Nicaragua’s Caribbean Coast. Due to the Caribbean Coast’s geographical
isolation, we have limited ability to provide emergency services to U.S.
citizens there.
·
All travel by U.S. government personnel to
the Northern and Southern Caribbean Coast Autonomous Regions must be
pre-approved due to crime and transportation safety concerns.
·
The legal system operates arbitrarily, which can
result in prolonged detentions of U.S. citizens without charges or due
process.
·
In many instances, police and prison authorities
have ignored or significantly delayed implementing judicial orders.
