ZOILAMERICA NARVAEZ SEEKS USG HELP IN HER IACHR

C O N F I D E N T I A L MANAGUA 000708

SIPDIS

SIPDIS

DEPARTMENT FOR D, DRL, G/IWI AND WHA/CEN

E.O. 12958: DECL: 03/27/2036
TAGS: PHUM PREL PGOV KDEM KCRM USOAS KWMN NU
SUBJECT: ZOILAMERICA NARVAEZ SEEKS USG HELP IN HER IACHR
CASE AGAINST STEP-FATHER DANIEL ORTEGA


Classified By: AMBASSADOR PAUL TRIVELLI. REASONS 1.4 (B,D).


1. (C) This cable includes an action request. See paragraph

8.


2. SUMMARY: (C) On March 24, DRL PDAS Jonathan Farrar and
poloffs met Zoilamerica Narvaez, the daughter of Rosario
Murillo and the step-daughter of Daniel Ortega, to discuss
Narvaez's ongoing complaint against the Nicaraguan state
before the Inter-American Commission on Human Rights (IACHR).
Her case centers on the failure of Nicaraguan institutions
to provide due process in her complaint against her
stepfather for sexual assault, sexual harassment and rape
committed over a period of years. Narvaez seeks USG
cooperation to set up a support group in Nicaragua to help
her deal with the inevitable Sandinista counterattack. Aside
from striking a powerful blow against impunity and corruption
in Nicaragua, assisting Narvaez could do real damage to
Daniel Ortega's political ambitions, both in this election
year and thereafter. END SUMMARY.

THE HISTORY OF THE CASE--A STORY OF JUSTICE REPEATEDLY DENIED
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3. (U) The Zoilamerica Narvaez legal saga began in 1998 when
Narvaez brought rape, sexual assault and sexual harassment
charges against Ortega, and the FSLN leader subsequently used
his immunity as a National Assembly deputy and his control of
the courts to ensure that the case never went to trial.
Having protected himself from judicial action, Ortega then
actively sabotaged all efforts by the Nicaraguan government
(GON) to provide justice to Narvaez via other means (such as
an acknowledgment that state institutions had failed to
protect her right of due process). As another way of burying
the allegations, the Sandinista leader also used his mother
and Rosario Murillo in a public relations campaign to
whitewash his image and to tar Narvaez as a liar. With
justice denied in Nicaragua, Narvaez took her case to the
IACHR in 2000, and the Commission accepted it the following
year.


4. (C) In 2002, the IACHR asked Narvaez and the then-new
Bolanos administration to try to reach an "amicable solution"
to settle the case. Both sides agreed, and the IACHR put the
case on hold in Washington to allow negotiations to take
place in Nicaragua. These negotiations nearly bore fruit--by
the fall of 2002 the GON had agreed to issue a public
statement admitting that the Nicaraguan state had failed to
provide Narvaez justice and was prepared to pay an indemnity
to the non-profit foundation for victims of sexual abuse that
Narvaez and her husband founded. The then-human rights
ombudsman, Benjamin Perez, was also about to issue an
official finding stating that the Nicaraguan state had
violated Zoilamerica's right to due process.


5. (C) According to Narvaez, it was at this point politics
intruded. At a time when the Bolanos government was bringing
corruption charges against ex-president Arnoldo Aleman and
seeking to remove him from the National Assembly to face
trial, it needed the support of the FSLN caucus in the
Assembly. At the last minute, Perez and his office were
forced to abandon their plan to issue a finding in Narvaez's
favor and the GON backed out of its agreement to settle the
case with her. Having thus been denied justice yet again,
she subsequently sought to revive her case at the IACHR, but
has lacked the financial resources and political support to
restart the legal proceedings. Narvaez has repeatedly
requested USG help to connect her with people and
organizations in the United States that could provide
political, organizational and financial help.

NARVAEZ MEETS PDAS FARRAR AND DISCUSSES HOW TO PROCEED
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6. (C) During their March 24 meeting, Narvaez told PDAS
Farrar that she is anxious for movement in her case, but does
not want any public exposure until she and her supporters
have fashioned a coherent "winning" strategy to bring the
case to conclusion. Narvaez believes that her inability to
obtain justice for the sexual and domestic violence she
suffered has only worsened the already rampant impunity in
Nicaragua for violence against women. She fears that the
spectacle of yet another public "defeat" would only convince
Nicaraguan women that achieving justice for domestic and
sexual violence is an impossible dream, increasing their
already strong reluctance to report such crimes. Narvaez
also wants to ensure that the USG will continue to support
her even after the November elections, whatever their
outcome. She feels that in the past, the USG has only
actively promoted her case in the run up to national
elections and has lost interest thereafter. Narvaez fears
being left alone to face the wrath of the formidable FSLN
political, legal and propaganda machines, not to mention
extra-legal dirty tricks and threats against her and her
family.


7. (C) Narvaez presented PDAS Farrar and poloffs a list of
individuals and organizations in Nicaragua familiar with the
details of her case and that she believes would be willing to
support her openly when the case is revived at the IACHR.
These include officials at the Presidency, the Attorney
General's office, the Nicaraguan Permanent Commission on
Human Rights (CPDH) NGO, the local office of the
International Republican Institute (IRI),the Women's NGO
Network, a handful of women deputies in the National
Assembly, and one key media outlet. PDAS Farrar told her
that we are committed to helping her and need to find the
right mechanisms to do so. Post will approach all of these
individuals and institutions to sound them out on the case,
and thereafter plans to convene a meeting of key players to
establish a group to support Narvaez and discuss strategy.
Although most Embassies in Managua are afraid to touch the
case because of either its sensitivity and/or their
sympathies for the FSLN, Narvaez stated that she will
approach the Swedish Ambassador, who is both a woman and
outspoken when it comes to matters of corruption in Nicaragua.


8. (C) ACTION REQUEST: Narvaez added that she plans to be in
the Washington area during the second half of June, and she
will provide post her itinerary when it is set. Post
believes that this trip would be an ideal opportunity to
arrange meetings for Narvaez with key officials in the
Department, the OAS, and other appropriate government and
non-government organizations. Post requests the assistance
of the Department in developing a list of appropriate and
interested contacts now and in scheduling appointments when
the dates of Narvaez's travel are set. END ACTION REQUEST.

COMMENT
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9. (C) Aside from the obvious merits of supporting Narvaez
as a means of defending human rights and fighting the rampant
impunity and corruption that are holding back Nicaragua's
democratic and social development, any progress in her case
(and associated publicity) could do real damage to Daniel
Ortega and his perennial political ambitions. The FSLN is
well aware of this and can be expected to respond in a fierce
and well-coordinated manner against Narvaez, the USG, and
anyone else that promotes her case. However, a sustained and
effective effort to promote and publicize the case,
particularly to young voters being actively courted by the
FSLN, could go a long way to reinforce Ortega's poor public
image and ensure his defeat in November. Even if Ortega
loses in November, supporting Narvaez in bringing her case to
a successful conclusion could end Ortega's political career
once and for all, rather than allowing him to rise from the
ashes yet again in 2011.
TRIVELLI