The Daniel Ortega regime ordered the expulsion of foreign prisoners who are serving sentences in the different prison systems of the country, to their countries of origin under the figure of “Expulsion” provided for in Article 95 of the Nicaraguan Penal Code, they revealed sources linked to the judiciary.
However, this figure is being misused by the dictatorship, according to independent criminalists.
Unofficially, the measure is to decongest the country’s prisons due to the possible presence of Covid-19, since the authorities do not provide official information about the spread of this pandemic within the prisons.
According to the Nicaraguan Penal Code, expulsion is applied to foreign inmates whose prison terms are less than five years. In addition, these inmates must have entered or remained in the country illegally and the penalties may be replaced by their expulsion from the national territory at the request of the Public Ministry.
In other words, the Public Ministry must request it.
“The expelled foreigner may not return to Nicaragua for a period of not less than twice the penalty imposed for the crime committed, counted from the date of his expulsion. If he returns, he will serve the penalties that have been substituted for him,” the article cited.
Foreign inmates have greater penalties
However, La Prensa, in its report, said it consulted criminalists who say that foreigners convicted in Nicaragua are mostly serving sentences of more than five years, so they cannot be expelled through in this manner.
A clear example of the illegal way in which the regime through the justice system is applying the figure of Expulsion, is the order given by the Tipitapa judge on May 18, who ordered the expulsion of the American Cristhian Alberto Jarquín Durán, accused of murder.
According to criminal lawyers, what is appropriate for foreign prisoners is extradition, but that is a time consuming diplomatic process that must be coordinated with authorities of the justice system and the Foreign Ministry of each country.
“Extradition guarantees compliance with the sentence of the prisoner in their country of origin, while the expulsion does not,” says criminal laywer Elton Ortega.
“The extradition is coordinated because the authorities must guarantee that the prisoner continues to serve their sentence there (in their home country). They are guilty persons, their participation in a punishable act was proven, and there are people affected and the principle of justice that is universal must be observed,” stressed another criminal lawyer who spoke to La Prensa.