CAT/C/NIC/CO/1
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The State party should adopt all necessary measures to guarantee any person
deprived of liberty the right to be defended and, consequently, should increase the
number and skill level of the country’s public or officially appointed defenders and
establish legal mechanisms for appeals against an inadequate defence. The
Committee also urges the State party to give priority attention to the cases of
detainees without families to care for them, the so-called donados.
Administration of justice
14. The Committee notes with concern that the information it has received reveals flaws in the
State party’s justice administration system. Some allegations suggest that public bodies within
the judicial system lack impartiality and independence, essential qualities for ensuring the
effective application of the principle of legality. In particular, there have been allegations of
irregularities in the appointment of judges, use of the judicial system for partisan ends and
instances of corruption among judges and police officers. Furthermore, the Committee is
concerned at delays in the administration of justice, which in some cases have led to preventive
detention extending beyond three months and delays in the timely review of the status of
detainees (arts. 2 and 13).
The State party should take the necessary steps to remedy shortcomings in the
administration of justice, in particular by allocating adequate resources and
continuing its efforts to combat corruption. It should also take measures to guarantee
the full independence of the judiciary in accordance with the relevant international
standards and to remedy the shortage of judges. The State party should also establish
that the practice of detention must conform to fair trial standards, ensure that time
limits established for preventive detention are respected and act in a manner that
allows justice to be administered within a reasonable period of time.
Violence against women
15. Although the Committee takes note of the various measures introduced by the State party
to combat and eliminate violence against women, it remains concerned by the prevalence of all
forms of violence against women and girls in Nicaragua and by the rise in the number of murders
of women over the past few years as part of the wider problem of gender violence, particularly
domestic and sexual violence. The Committee notes with concern that victims have insufficient
access to justice, that information on the court sentences and punishments imposed for violence
against women is lacking and that a means to assess the effectiveness of measures adopted to
eradicate all forms of violence against women and girls is unavailable (art. 16).
The Committee urges the State party to devote priority attention to the adoption of
comprehensive measures to combat and eliminate violence against women. The
Committee calls upon the State party to ensure the full implementation of legislation
on violence against women, to bring the perpetrators to justice and to impose due
punishment. The Committee urges the State party to ensure that all victims of
violence have access to immediate redress, protection, support and legal assistance.
The Committee further recommends that ongoing training activities should be