NICARAGUA: SUPREME COURT DELAYING DECISION

As reported in the July/August Action Alert, and subsequent
updates in September and December, the new Nicaraguan penal code
(including the anti-sodomy law-Article 204) was signed by
President Chamorro in July and published in late October. Article
204 mandates prison sentences of one to three years for anyone who
"induces, promotes, propagandizes, or practices in a scandalous
manner, the cohabitation of individuals of the same sex." An
additional prison term of two to four years is the penalty for the
crime of "illegitimate seduction."

A Managua coalition of individuals from gay/lesbian and women's
groups, civil liberties lawyers and other human rights advocates
(the Campaign for Sexuality without Prejudices) presented a
challenge to the constitutionality of Art. 204 to the Supreme
Court on November 9th. The court then had 45 days to rule on the
challenge, however the 45 days has come and gone with no decision
forthcoming.  As long as the challenge sits undecided, Article 204
is in effect and can be
enforced.

The coalition asks for international pressure to demand a decision
on the challenge to Article 204. The coalition's challenge
enumerates the many constitutional provisions Article 204
violates, including the right to privacy as well as freedoms of
assembly, expression, and speech. In addition, the challenge notes
that Article 204 violates Nicaragua's legal obligations under the
Inter-American Convention on Human Rights, and therefore should be
ruled unconstitutional. Please write again to the Supreme Court
Justices, demanding a decision on the challenge and emphasizing
Article 204's blatant violation of provisions of the
Inter-American Convention for the right to privacy and
freedoms of assembly, expression, and the press. Postage to
Nicaragua from the U.S. is $.50 per half-ounce.

Write to:

Corte Suprema de Justicia Plaza Espaa Managua Nicaragua

There are nine justices on the Supreme Court: 4 are UNO, and 5 are
Sandinistas.  Please copy your letter to each of them.

UNO                                             Sandinista Dr.
Orlando Trejos Somarriba            Dr. Rodrigo Reyes Portocarrero
Dr. Adrian Valdivia                     Dr. Alba Luz Ramos Dr.
Santiago Rivas Haslam               Dr. Rafael Chamorro Mora Dr.
Enrique Villagra                    Dr. Orlando Corrales
                                                Dr. Ramon Romero