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ATTORNEY FOR THE DEFENSE OF HUMAN RIGHTS SUPPORTS COMMISSION RULING

LACK OF DUE PROCESS INVALIDATES DEPARTMENT OF INTERIOR’S ACTIONS AGAINST DOROTHY GRANADA

*She is world famous

*Government should reconsider

-Orlando Barrios Cruz-

 The case against North American community worker Dorothy Granada, who is being prosecuted by the Nicaraguan Department of the Interior, is legally invalid due to the fact that she did not receive a summons, and therefore had no opportunity to respond. The fact that she had been sentenced to be deported was made public but she was not notified directly.

The authorities could have followed proper legal procedures, but made the mistake of sentencing her to be deported without notifying her. This was verified for this periodical, El Nuevo Diario, by the attorney for the defense of human rights, Benjamín Pérez.

The international importance, relevance, and publicity of Dorothy Granada’s case are common knowledge.

The attorney general’s office issued its resolution and it speaks clearly, precisely, objectively, and in a legal manner with regard to the case, said Pérez.

Nevertheless, due to the importance of this case, Pérez has been interviewed by many radio stations and has noticed that, in listening to them, sometimes they do not broadcast his voice but rephrase his words: "The attorney for the defense of human rights said,...." We know from experience that listening to a journalist’s interpretation of the news is not the same as hearing that news from someone who is directly involved.

"The spoken word flies away, the written word remains," asserts Pérez, who wants to make clear that his words are in the written ruling. "Now, according to the decision, if a foreigner participates in the political affairs of this country, the law gives the Department of the Interior the power to deport that person.

"This fact cannot be challenged because this kind of law exists in any sovereign nation. A case against Dorothy should have been opened through the existing legal channels and her involvement in political activities should have been proven.

"Upon opening the file, the judge, or the authority in this case, must first notify the defendant of the initiation of the process against the defendant, then the show begins. The defendant then enters the process and the correspondent allegations are made.

"Dorothy should have been notified of the accusation against her and then, based on the corresponding legal proceedings, if she were found guilty she should then receive the sentence and the deportation. Instead, the authorities only gathered a few testimonies and based on that, without listening to the defendant’s testimony, decreed the deportation."

HIDING WAS THE MOST LOGICAL THING TO DO.

 Due process was not served. As a result, when Dorothy found out that there was a sentence against her, she did the most logical thing: she hid. The legal procedures were not applied correctly.

The attorney for the defense of human rights clarified that it is legal to deport any foreigner that is participating in the politics of his or her host country.

"But now that all actions against her have been nullified, I address the authorities as a citizen, not with regard to legality, but to common sense. The lady has proven to be a world figure. I have received letters from all over Latin America, France, Spain, and Oceania asking me to intervene as her advocate, to speak in Dorothy’s favor."

Copies of the letters that president Alemán received have also been sent to Pérez. The authors of these letters state that they do not understand why Dorothy, who is revered and honored in other countries, is being deported from Nicaragua where she is known for having done much humanitarian work for the humble men and women of Mulukukú.

The legal system cannot cease to consider human rights or, especially, to use common sense. This deportation, that is going to take place, will have an incredibly high political price for the government of Nicaragua.

"I am the attorney for the defense of human rights and that does not prohibit me from reflecting or making any suggestions to the higher authorities to think about the consequences of their actions," said Dr. Pérez.

"This is a triumph of stupidity. The authorities should seriously reconsider, because there is sympathy for Dorothy. The police are investigating those accusations of abortion. The Institute of Legal Medicine already gave a favorable judgement. There isn’t enough evidence, which makes it more difficult to accuse and prove that she practiced abortions. The evidence is very fragile, there is no one backing it. On the other hand, the testimonies in Dorothy’s favor are extensive, varied, and universal.

BECOMING AN ISSUE OF INTERNATIONAL PROPORTIONS

 On a different level, the attorney for the defense of the human rights has been invited to a forum that starts next Monday in Washington, regarding freedom of the press. The invitation was extended on to certain people from Latin America. Pérez feels very honored. This invitation also includes airfare and lodging. In advance, Pérez wants to make it clear that the institution is not going to assume the expenses. Remember that the budget was reduced. It is important to let the population know who is paying for airfare, pointed out Dr. Pérez Fonseca.

No Abortions in Dorothy’s Clinic

* Another Muzzle on Marenco and Aleman
* Inspection Made by Request of the DIC

There is no evidence that abortions were practiced in the Mulukuku clinic that Dorothy Granada, the North American nurse, directed. That was the conclusion that the Judiciary’s Forensic Medical Institute reached.

The clinic operated by the Maria Luisa Ortiz cooperative and located in the Matagalpa District’s capital city was closed by order of Health Minister Mariangeles Arguello, while Government Minister Jose Marenco cancelled Granada’s nationality and ordered her deportation.

INSPECTION AND EXAMINATIONS

The Assistant Director of the Forensic Medical Institute, Zacarias Duarte, explained that by request of the Criminal Investigation Command (DIC in Spanish) they had carried out an inspection of the clinic and examined three women whose names were given to them by the National Police.

The inspection and the examinations that Duarte and a forensic doctor from the Forensic Medical Institute made had been effected as a part of the investigative work that the National Police began when the Attorney General’s office filed a complaint with them that Minister of Government Jose Marenco Cardenal also received.

Doctor Duarte indicated that they received a request from the DIC last January 4th, and that on the 5th they arrived at the Maria Luisa Ortiz cooperative’s medical clinic in Mulukuku where they made a thorough check.

NO EVIDENCE

When they made the inspection “we didn’t find any evidence in the clinic that abortions had been practiced----there was not any equipment, instruments or infrastructure to indicate that,” said Duarte. He added that “during the inspection we found a clinic that offers primary health care and integrated services to women: early detection of cancer, family planning and deliveries.”

He explained further that when they talked with the persons who were present in the clinic and who had worked there previously, these persons told them that the clinic has always had only the instruments that they had found there, and that they hadn’t removed anything.

POLICE GAVE THEM NAMES

As for the three women who were examined, he explained that the police had given them their names. “When we examined them we didn’t find evidence that any of them had had an abortion performed on them”. He indicated that when they interviewed the women as a part of the examination, they didn’t find any trace of an abortion. One of them has had eleven pregnancies and three abortions---all three voluntary due to the field work that she does for herself in the region, and that at present she is pregnant.

The other two women declared that they have never had an abortion and that all of their children are living.

THE REPORT WILL BE DECISIVE

The Institute of Forensic Medicine’s report will be decisive for allowing the Attorney General to rule on Granada, once the National Police submit their final report to him.

Meanwhile Marenco said yesterday that the decision to deport Granada is firm, even though the Public Human Rights Attorney had recommended to him that he rectify the resolution because it violated the right of due process, leaving the nurse with no means of defense.

Human Rights Defense Counsel (PDDH) condemns Marenco.

"They are violating Dorothy Granada's rights"
They denied her the right to defend herself and call for a stop to the persecution.

-RAFAEL LARA-

 "The Minister of Government, José Marenco Cardenal, violated the human rights of Ms. Dorothy Granada, the North American volunteer from the María Luisa Ortiz Clinic in Mulukukú," was the resolution of the Human Rights Defense Counsel (PDDH) after analyzing and investigating the case.

The harm done to Ms. Granada caused by the Ministry of Government's (MINGOB's) chief lies in the violation of the right to live free from violence, the right to be heard, the presumption of innocence, to be informed of accusations against her, to the equality before the law and the right to individual freedom. This all falls under the violation of the right to Due Process owed to all residents of our country.

DENIED THE RIGHT TO COUNSEL

The Counsel argued that MINGOB, in issuing Ministry Resolution 69-2000, which orders the automatic revocation of Ms. Granada's residence along with her immediate expulsion without previous notice of the accusations against her, limited her right to self defense. This because said resolution left her without access of any kind to Administrative Appeal for Review, established in article 39 of Law 290.

In addition, the article in question delineates the right of all persons to the respect of their honor and reputation. In the present case the opposite occurred, when Minister Marenco made statements with formal accusations of criminal acts against Ms. Granada, beyond those made in Ministerial Resolution 69-2000.

MINGOB's PRESUMPTIONS WERE BEYOND ITS AUTHORITY

In reference to evidence indicating that Granada committed acts constituting offenses or crimes against public order, the PDDH pointed out that this does not fall with the authority of MINGOB, "it is the jurisdiction and exclusive authority of the Judicial Branch, the Public Ministry and National Police to present evidence and carry out the proper process to prove or disprove the truth of these presumptions," said Counsel Pérez (of the PDDH).

This, in accordance with the authority granted by law to each of these bodies, which should respect the guarantee of due process established in the Constitution of the Republic.

Additionally, if indeed it is true that article 27 of the Political Constitution establishes in its second paragraph that foreigners should not interfere in the political affairs of the country, it is also true that this same article enshrines the principle of equality before the law and that foreigners have the same obligations and rights as Nicaraguans.

RESOLUTION ORDERS MARENCO TO RECTIFY THE RESOLULTION

The PDDH resolution in addition to presenting its views, recommends that Minister Marenco modify the contents of Ministerial Resolution 69-2000.

These changes would repair the damage of the immediate and future acts infringing upon the North American's human rights. It also called on the Minister of Government, in no longer than five days from the date of the present resolution, to respond in writing to the PDDH about what will be the measures adopted for the restitution of the rights denied to Ms. Granada.

Counsel Benjamín Pérez stated the his organization is not a law firm and does not defend any parties for commercial gain, but that the PDDH functions to censure public administration and its officials en regards to human rights in order to bring to light acts or omissions which deny the rights of citizens.

For her part, Grethel Sequeria, social work volunteer of the María Luisa Ortiz, said that she believes the the Supreme Court will pronounce similarly, in that abuses suffered by the North American volunteer are evident, who with her 70 years of age suffers from the assault of governmental politicos.

Translation of article from El Nuevo Diario (12/21) reporting on press conference held on 12/20 by representatives of the women's movement in Nicaragua:

Dorotea Receives More Support

§ Women's Ombudsman opposes ceaseless governmental persecution
§ Denounces governmental budget cut-back in reprisal for maintaining an objective and independent position.
§ The Autonomous Women's Movement places responsibility on Aleman for any eventual death of patients.

Women's Ombudsman, Patricia Obregon, condemned the ceaseless persecution by the government of President Arnoldo Aleman against 70 year-old North American nurse Dorotea Granada.

"Although we have not concluded the investigations, we consider that what the government is doing is not correct; because it's an open violation of human rights, and we women speak out against that attitude," Obregon said, at a press conference, in which representatives of the Autonomous Movement of Nicaraguan Women participated.

"We," Obregon said, "are not in favor of the violations of human rights of any citizen, Nicaraguan or foreign; for article 27 of the Constitution prohibits discrimination based on sex, race, or nationality. Therefore we disapprove what has happened so far."

According to Obregon, the preliminary resolution of the Human Rights Ombudsman's Office has set a maximum of 30 days to issue a definitive finding in the case of Dorotea Granada. During this period, the Ombudsman's Office will do the necessary investigations to determine specifically which of the North American´s human rights were violated. However, Obregon did not rule out the possibility that the Ombudsman Office´s resolution be issued before the 30 day period, taking into account that a great deal of the investigations has already been conducted. This includes an onsite to the zone in Mulukuku, and notification of the authorities of Migration, Governance, Health and Marena (The Ministry of Environment). Obregon also informed that now they are notifying the authorities of the Appeals Court and the General Attorney´s Office, so that they can completely document the investigation of this case.

She added that during the Ombudsman's Office visit to Mulukuku, they could not prove any of the accusations made by the Minister of Governance Jose Marenco Cardenal, who, based on sworn statements by inhabitants of the zone, denounced that Granada practiced abortions in the cooperative´s clinic. "We could not prove that"- Obregon said.

Obregon stated that the persecution against Granada is not only perilous to the institutional framework and Rule of Law in Nicaragua, but also to the programs of Health care, development and production run by the María Luisa Ortiz women´s cooperative in Mulukuku. She denounced that because of the independent position shown by the Ombudsman's Office in this case and other similar ones, the institution has suffered a drastic 45 percent reduction of its budget. "The staff of the Ombudsman's Office have observed the law and promoted an institutional framework and rule of law. This is a part of our commitment and the reduction of our budget isn't going to deter us from our work in defense of human rights," Obregon affirmed.

Women's Movement: If people die, Aleman will be responsible.

Furthermore, Ruth Matamoros, representative of the Autonomous Movement of Nicaraguan Women, read a statement from a number of women's organizations denouncing that with the closing of the cooperative, and therefore the clinic, the government leaves the people in Mulukuku without any heath alternatives, which might lead to the death of dozens of women, men and children who require medical attention.

"We place responsibility on President Aleman and his government for the deaths that might happen while the clinic remains closed and Dorotea persecuted" the statement said. "The persecution of civic organizations is a problem for democracy. The government of Arnoldo Aleman violates the most elemental human rights consecrated in the Republics Constitution: the right to health, life, education, free association and free expression. Therefore, we condemn this attitude", the speaker stated.

For Immediate Release
December 21, 2000 		     


Contact: Jill Winegardner, Gerry Condon
831/ 768-7004, 831/ 768-1556
NICARAGUAN COURT TO RULE ON FATE OF U.S. NURSE
Amnesty International Takes Up Case of Dorothy Granada

An Appellate Court in Nicaragua will make a crucial ruling today on the fate of a U.S. nurse whom the government is trying to deport from that Central American nation. The Nicaraguan government is appealing the decision of a judge who ruled last week it had acted illegally in seeking to deport Dorothy Granada, a U.S. citizen. Granada has lived in Nicaragua for eleven years, serving as director of a rural women's health clinic. Nicaraguan President Arnoldo Aleman has personally accused Granada and the clinic of providing health care only to supporters of the leftist Sandinista Party and of performing abortions, which are illegal in Nicaragua. The 70-year-old nurse was also accused of participating in political activities. Granada, who has emphatically denied these charges, has gained the support of human rights groups in Nicaragua, the United States and internationally. Amnesty International last week issued an urgent worldwide appeal on her behalf.

The 70-year-old nurse, who remains in hiding, has become a cause celebre in Nicaragua, where her plight has been the top news item for over two weeks. The national spotlight is also shining on the small municipality of Mulukuku in central Nicaragua, which was visited this week by the Human Rights Commissioner of Nicaragua's National Assembly and a representative of the U.S. Embassy. Hundreds of residents marched through the dirt streets of Mulukuku on Monday calling for the reopening of their clinic, which has been shut down by government order, and for Dorothy Granada's return to their community.

In an interview broadcast Wednesday on "The World," a syndicated news program of Public Radio International, Granada vehemently denied the government's charges. "The only preference we give is to serve women. We live in a very poor community where women have babies every 1 to 1½ years. Many of these women and their babies have died. Our mission is to save the lives of both the mothers and their babies. We provide prenatal care, help with the births themselves, and we also provide follow-up care for the mother and the child. We are two nurses and six women from the community. There are no doctors in the area. We do the best we can under trying circumstances. We do not perform abortions. That is against the law in Nicaragua. Women come to us so that their children will live and be healthy."

Asked by "The World" why she thought she and the clinic were being targeted by the government, Dorothy Granada responded, "Ever since this government came to power, it has been trying to reverse the gains that women here have made. They want women to stay in the home and to stay pregnant. This is an attack on women's rights and an attack on human rights." Arnoldo Aleman, leader of the Liberal Party of former dictator Anastasio Somoza, recently directed auditors to investigate twenty non-governmental organizations and is threatening to close them down.

Last week a Nicaraguan judge ruled that the government had acted illegally in rescinding Granada's residency status and ordering her deported. Chief Judge Dr. Alvaro Ramirez found that the government had violated Granada's due process rights and her right to a defense, since it had not granted her a hearing. The government's appeal of this ruling will be heard on Thursday, December 21.

The U.S. Embassy in Managua has asked the Nicaraguan government to assure Dorothy Granada's right to a fair hearing. The Embassy has been barraged by faxes from concerned people in the U.S. Several U.S. Senators and Representatives have also intervened. In a letter dated December 14, 2000 to Senator Max Baucus of Montana, U.S. Charge d'Affaires Deborah A. McCarthy wrote "The Embassy is seeking to arrange a meeting between involved Government officials, Mrs. Granada's legal representative, and Embassy officials to arrive at a mutually satisfactory resolution of the case. These and other efforts on Mrs. Granada's behalf are continuing."

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