A/HRC/4/40/Add.3
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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.