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The Nicaraguan National Police may also “carry out searches, raids, inspections and seizures as necessary.”
Nicaraguan President Daniel Ortega proposed a reform to the Criminal Procedure Code on Wednesday, empowering the National Police to have the authority to raid, seize electronic and computer equipment, and demand from telephone companies the digital information (calls, text and voice messages, and geolocation) of people under investigation, without the need for a court order.
The initiative, which proposes reforming eight articles of the Criminal Procedure Code, was sent to the Board of Directors of the National Assembly (Parliament), controlled by the Sandinistas, and was subsequently referred to the Justice and Legal Affairs Commission for consultation and opinion.
The proposal authorizes the police to request from the telephone company “information on the owners of mobile and fixed telephone lines, associated services, list of calls, text and voice messages, geolocation, and the location of transmitting and receiving antennas.”
Also the “subscriber identity module number, internet protocol addresses, the international identity of a mobile device and users linked to telephone company equipment.”
The National Police, headed by Francisco Díaz, a brother-in-law of President Daniel Ortega and Vice President Rosario Murillo, will also be able to “carry out searches, raids, inspections and seizures as necessary,” and will be able to extract and access information from electronic and computer systems.
All of these actions can be carried out without a court order in “urgent cases” and there will be a period of three business days for the “validation of the act before the judicial authority,” according to the initiative.
According to the explanatory statement, Ortega is requesting the reforms as a way to anticipate cover-up actions, “securing such assets and accessing in a timely and direct manner the information that guarantees success in the fight against national and transnational crime.”
The proposed reform also mandates the Director General of the Police to request information from public and private financial institutions on the transactions of natural or legal persons under investigation.
Likewise, “seize, occupy or immobilize assets, securities, certificates of deposit, documents and bank accounts.”
It may also suspend financial operations or transactions. All these measures may be taken without the person under investigation being informed.
“All persons who have access to this information must keep its content absolutely confidential. Public officials who violate this provision may be dismissed from their positions, without prejudice to their responsibilities,” the initiative states.
The reform establishes that even in the case of a declaration of rebellion, the proceedings against the person will not be suspended and if a trial has already begun, “the accused will be represented by a public defender.”
