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Healers may also use a divinatory technique known as wihtara dinkan (Cox Molina 1998: 43) or wihta dingkaia (Fagoth et al. 1998: 32), where a spiritually prepared plant is placed on the forehead or neck of an unconscious person (see also Wedel 2017). Through the spirit that resides in the plant, the person will answer the healer's question about the identity of the witch and advise the healer about which plants to use to heal the victim and, as a healer said, ‘to find out which steps the witch (brujo) is taking’. This divinatory technique may, however, put the healer in a delicate position, as the supposed evildoer risks being exposed to violence if their name is revealed. Relatives of those afflicted are often eager to find out who is behind the illness and/or death of their loved ones. Hearing a specific name being mentioned may then be sufficient evidence to act violently against the alleged witch. Therefore, some healers refrain from using this technique.
A healer who was an expert in healing people from acts of witchcraft also argued the witches can decide the time when the witchcraft shall have effect. The number 3 has significance in many religions and superstitions, from Norse paganism to Christianity, with its holy trinity, to the lucky three leaf clover.
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Customary law and the mediation of witchcraft accusations in Eastern Nicaragua
This article focuses on efforts to overcome the divide between state legality and local practices. It explores a pragmatic effort to deal with witchcraft accusations and occult-related violence in customary courts among the Miskitu people in Eastern Nicaragua, taking into account both indigenous notions of justice and cosmology, and the laws of the state. In this model, a community court (elected by the community inhabitants and supported by a council of elders), watchmen known as ‘voluntary police’ and a ‘judicial facilitator’ play intermediary roles. Witchcraft is understood and addressed in relation to Miskitu cultural perceptions and notions of illness afflictions, and disputes are settled through negotiations involving divination, healing, signing a legally binding ‘peace’ contract, a fine, and giving protection to alleged witches. This decreases tensions and the risk of vigilante justice is reduced. The focus is on settling disputes, conciliation and recreating harmony instead of retribution.
In the North Caribbean Coast Autonomous Region (RACCN) of Nicaragua, a practical model based on customary law, which takes into account indigenous cosmology, religious ideas and perceptions, and Euro-modern legal values, is today being implemented and used in Miskitu communities. 1 I explore the functioning of this model when dealing with witchcraft 2 accusations in Miskitu customary courts to show how harmony is recreated and vigilante violence is handled. In particular, I look into how proof of innocence or guilt is established, how disputes are settled and how this form of customary justice is perceived and understood in Miskitu communities and by governmental judicial authorities. In this article, I discuss witchcraft in the Miskitu world-view in relation to customary law and state law and show how illness is frequently said to have been caused by a witch who has worked with one or several spirits, using prayers, animals, objects and substances. I show how this is taken seriously and dealt with during the judicial process. I further show how an elected community court, supported by a council of elders; watchmen known as ‘voluntary police’, who may work together with the local police; and a ‘judicial facilitator’, who is employed by the local Supreme Court of Justice, as well as being the president of all community courts, all play an intermediary role in witchcraft cases.
Disputes are settled through negotiations involving divination with a mirror or crystal ball, healing and by signing an official, legally binding ‘peace’ contract known as a ‘mediation act’. The focus is on conciliation and recreating harmony between individuals and within the community. This also implies the communitarians understand the rights and obligations of customary law and respect the community court. With this approach, the risk of retribution, violence and vigilante justice is reduced. By using customary law and being sensitive to people's cultural perceptions and ideas in witchcraft cases, the state can play a more marginal and peripheral role while still having a certain influence in the process. Overall, this article seeks to contribute to an understanding of the administration of customary justice in relation to witchcraft accusations and violence (Handy 2004; Rio 2010), as well as to the general judicial decision-making process when combining state law and customary law, and bridging the gap between state legality and local norms and practices (Bardhoshi 2013).
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