TITLE V. NATIONAL DEFENSE
SOLE CHAPTER
Article 92
The Army of Nicaragua is the armed institution for the defense of territorial sovereignty, independence, and integrity.
Only in exceptional cases may the President of the Republic, by decision taken in Council of Ministers, order the intervention of the Army of Nicaragua in support of the National Police should the stability of the Republic be threatened by major internal disorders, calamities or natural disasters.
The establishment of foreign military bases on the national territory is prohibited. The transit or stationing of foreign military vessels, aircraft, equipment or personnel for humanitarian, training, instruction or exchange purposes may be authorized as long as the request is made by the President of the Republic and ratified by the National Assembly.
It is the responsibility of the Chief-of-Staff of the Nicaraguan Army, under the authority of the President of the Republic as Commander-in-Chief of the Nicaraguan Army, to take part in the formulation of the plans and policies in matters of defense and national security, and in the coordination of their implementation.
For the purpose of national security:
- the establishment of systems which alter or affect the national systems of communication is prohibited in all circumstances.
- the communication points for national defense purposes in the national territory must be the property of the State.
- the radioelectric and satellite spectrum is property of the Nicaraguan State and must be regulated by the regulatory agency; the law shall provide for the details.
Article 93
The Army of Nicaragua is a national institution of a professional, non-partisan, apolitical, hierarchical and non-deliberative character. The members of the Army of Nicaragua must permanently receive patriotic and civic education and education on matters of human rights and international humanitarian law.
Crimes and offenses of a strictly military nature committed by members of the army shall be dealt with by military tribunals established by law.
Common-law crimes and offenses committed by the military shall be dealt with by the ordinary courts.
In no case may civilians be tried by military tribunals.
Article 94
Members of the Army of Nicaragua and of the National Police may not engage in political or partisan activities nor hold any position in political organizations. Neither may they run for public positions of popular election unless they have resigned from active duty in the armed forces or the police at least one year prior to the elections in which they intend to participate.
The organization, structures, activities, ranks, promotions, retirements, and everything relating to the operational development of these organizations shall be regulated by the law of this matter.
Article 95
The Army of Nicaragua shall be run in strict adherence to the Political Constitution, to which it shall pay respect and defer. It shall be subject to the civilian authority to be exercised directly by the President of the Republic in his/her capacity of Commander-in-Chief of the Army of Nicaragua.
No more armed units may exist in the national territory than those established in the Constitution or more military ranks than those established by the law.
The members of the Army of Nicaragua and of the National Police may temporarily occupy posts in the Executive when the supreme interest of the Nation so requires. In this case the military or police staff concerned are seconded to external service for all legal purposes.
Article 96
There shall be no compulsory military service, and any form of forced recruitment to be part of the Army of Nicaragua and the National Police is prohibited.
The organs of the Army and the police and any other State institutions are prohibited from engaging in activities of political espionage.
Article 97
The National Police is an armed body of civilian nature whose competence covers all police activity. It is organized on a preventive, proactive and communitarian model with substantial participation by inhabitants, the family, and the community.
Its mission is to guarantee the internal order, the safety of the citizens and of their goods, and the prevention, prosecution and investigation of crimes and other offenses specified by the law. The National Police is professional, apolitical, nonpartisan, hierarchical, and non-deliberative. The National Police shall be run in strict adherence to the Political Constitution to which it shall pay respect and defer. It shall be subject to the civilian authority which shall be exercised by the President of the Republic in his capacity as Commander-in-Chief of the National Police.
Within its functions, the National Police shall support the judicial branch and other authorities which require its assistance in conformity with the law governing their activity. The internal organization of the National Police is based on the hierarchy and the discipline of its commanding officers and staff.
