A/HRC/4/40/Add.3
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People from different sectors agree that the major drug traffickers are rarely caught and, when
they are, are able to use their economic resources to elude the draconian sanctions handed down
under Act No. 285.
87.
Act No. 285 is not only severe in the penalties which it imposes, such as a minimum of
five years of rigorous imprisonment for drug trafficking, but also in terms of the exorbitant fines
specified, ranging from a minimum of 1 million cordobas (some 61,000 United States dollars).
For those unable to pay, the fine is commuted into an additional one year’s rigorous
imprisonment: the minimum sentence of five years’ rigorous imprisonment is thereby
effectively increased to six years. Offenders sentenced for drugs offences are not allowed to
benefit from the system whereby convicts reduce their sentences through work (two days of
work give one day’s sentence reduction). Neither are those convicted under Act No. 285 able to
benefit from parole, like ordinary prisoners. The rehabilitative function of criminal penalties is
therefore seriously undermined, since the detainees have no incentive to work, learn skills or
study while within the prison establishment. Some criminal judges are not only critical of Act
No. 285, but even - and contrary to the express provisions of the act - sentence convicted persons
to ordinary rather than rigorous imprisonment, or endeavour to limit the application of custodial
sentences to offenders who are merely users.
88.
The question of the weight of the seized narcotics is crucial, since it may lead either to a
sentence of 30 days’ detention for possession of drugs or a minimum sentence of five years’
rigorous imprisonment for trafficking. Everything depends on whether the quantity does not
exceed 5 grams for marijuana or 1 gram for cocaine or other drugs. The principle that the
established weight should relate only to the narcotic substance itself and should exclude any
additives is also not uniformly respected and applied in different ways. Nor are there sufficient
guarantees against possible abuses or errors on the part of the police relating to the weighing of
seized drugs, which could result in serious prejudice to the persons charged.
D. Situation in Bluefields
89.
The Caribbean coastal region of Nicaragua differs markedly from the rest of the country
in terms of its history, politics, ethnic make-up and culture. Most of its population either belong
to indigenous groups or are of African descent. Historically, they have been excluded from the
political life of the centre of the country and from its economic development. As a rule,
Nicaraguans regard the Atlantic coast, on the one hand, as a vast reserve of natural resources
with immense economic potential and, on the other, as a poverty-stricken region awash with
crime, violence and drug trafficking. Traditionally, the inhabitants of the Caribbean coastal
region have been ignored by the central authorities and subject to a neglect which sometimes
borders on racism. These political and social circumstances must be borne in mind when
appraising the situation which the delegation observed during its visit to Bluefields.
90.
Eighty detainees are held in Bluefields prison (including women) and 104 men are
detained in the four cell-blocks at the police station. The detention conditions in this prison may
be categorized, like those in Tipitapa and Estelí prisons, as understandable, given the extreme
lack of economic resources available to the prison authorities. The situation in the police station,
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