A/HRC/4/40/Add.3 page 7 12. In 1998, a special Children’s and Juvenile Court was set up in Managua and there are currently three enforcement tribunals operating in the city. 13. Under the law, judges and magistrates are independent in the exercise of their judicial activities and answerable only to the Constitution and the law. Public Prosecutor’s Office 14. In accordance with the new criminal legislation, the Public Prosecutor’s Office is an independent body responsible for the exercise of public prosecutions, for establishing and investigating the commission of offences and for preparing prosecution cases for the courts. It is structurally, operationally and administratively autonomous. 15. The delegation learned that the Public Prosecutor’s Office has a staff of some 200 prosecutors deployed all over the country. National police 16. The national police, the Office of Migration and Alien Affairs and the national prisons system all report to the Ministry of Internal Affairs. The police is a single security force responsible for implementing the consolidated body of Nicaraguan law and is present throughout the territory of Nicaragua, except in certain remote rural areas. 17. Police officers must coordinate their activities with the Public Prosecutor’s Office to ensure the smooth conduct of investigations and the implementation of prosecutions (Code of Criminal Procedure, art. 19). They are responsible for gathering evidence and testimony relating to the commission of offences and for taking steps to arrest and detain persons caught in flagrante delicto. Procedures for the arrest and detention of individuals are set out in the Police Act, Act. No. 228. The head of the police station also has special powers to order the detention of individuals for up to 12 hours on the basis of evidence of the commission of an offence or following the submission of a complaint. The main functions of the police are to investigate offences, in coordination with the Public Prosecutor’s Office, and to gather evidence substantiating the commission of an offence and the liability of individuals therefor. Their powers also include the enforcement of judicial orders, including detention orders. Public Defender’s Office 18. Every defendant has the right to be represented by a defender appointed by himself or herself or by his or her family or, if he or she so request, by a public or officially appointed defender. Defendants also have the right to notify a lawyer of their detention (Code of Criminal Procedure, art. 95, paras. 10 and 3, and art. 103). Most accused persons and defendants are not in a situation to hire a private lawyer. In 1998, the first public defender’s office was opened in Managua. The delegation learned that the total number of public defenders in the country is limited to 81: many more would seem to be needed. Each public defender has some 400 cases to attend to.

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