1. The petitioner alleges a violation of the right of Fabio Gadea Mantilla (hereinafter “the alleged victim” or “Mr. Gadea”) to equal participation in government, in particular, the right to stand as a candidate for elected office, inasmuch as he considers the acceptance of the candidacy of a political rival, Nicaraguan President José Daniel Ortega Saavedra (hereinafter “President Ortega”) in the 2011 presidential elections, to be illegal. He further contends that the approval by the Nicaraguan Congress of Articles 146 and 147 of that country’s Constitution, which provide for indefinite reelection, is illegitimate. 2. He contends that the alleged victim, a candidate of the Independent Liberal Party Alliance (Alianza del Partido Liberal Independiente), had filed with the Supreme Electoral Council (CSE) to run for president of Nicaragua on November 6, 2011. He argues that President Ortega, who at that time had already held said office for two presidential terms, had also filed as a candidate of the Sandinista National Liberation Front (FSLN) in those same elections, even though pursuant to Article 147 3 of the Political Constitution of Nicaragua (hereinafter “the Constitution”), he was barred from taking part as a candidate in the elections. 3. On April 1, 2011, jointly with other candidates, the alleged victim brought a challenge to the candidates for President, claiming that President Ortega’s filing as a candidate violated the constitutional ban on consecutive term reelection provided for under Article 147(a) of the Constitution. Nonetheless, on April 4, 2011, the CSE dismissed the challenge declaring President Ortega’s registration and filing as a presidential candidate to be in order. 4 He alleges that the decision was not grounded in fact and law, but was instead solely based on the judgment of the Supreme Court of Justice of Nicaragua of September 30, 2009, which settled a petition for constitutional relief via amparo filed by Daniel Ortega upholding his right to take part as a presidential candidate, despite the ban provided under Article 147 of the Constitution. Accordingly, he claims infringement of the principle of constitutional supremacy that is in force in Nicaragua, because the judgment of the Supreme Court illegally preempted the constitutional provision regarding the rules on who may stand for election. 4. The petitioner cites alleged political interference in the decisions of the Supreme Electoral Council, which would be an infringement of the rights of the political parties’ candidates and also of the electorate. In this context, the petitioner asserted that subsequent to the CSE’s decision, the National Assembly of Nicaragua approved amendments to Articles 146 and 147 of the Constitution to allow indefinite reelection. He argues that this amounts to an illegitimate approval and a power grab by the executive branch of government. Additionally, he noted that for the 2016 elections, the government abolished opposition political parties, including the party of the alleged victim, by supplanting the legitimate representatives of certain parties, in accordance with their bylaws. In so doing, the petitioner claims that the State muzzled all political opposition. 5. The petitioner also claims an infringement of the right to judicial protection because of the alleged victim’s inability to defend himself as a consequence of the provisions of Article 173.14 5 of the Constitution, in relation to the lack of legal remedies available to appeal the decision issued by the Supreme Court of Justice denying the challenge to the presidential candidacy of the current President. In this regard, he cites the legal precedent of the case of Yatama v. Nicaragua, noting that even though the Inter-American Court of Human Rights ordered the State to adopt legislative measures to establish an effective judicial remedy to challenge the decisions of the Supreme Electoral Council; such measures have still not been implemented, because domestic legislation must be amended. 6. In response, the State moves for the petition to be declared inadmissible, on the grounds that it does fulfill the admissibility requirements set forth in Article 46.b of the Convention and in Article 32.1 of the 3 Article 147 of the Political Constitution of Nicaragua in force at the time of the events reads: “The following persons may not run for President or Vice President of the Republic: persons who have exercised the full powers of the presidency at any time during the period when the election for the following term is held, nor anyone who has exercised them for two presidential terms. 4 Said decision had been published in the Official Gazette on April 7 of that year. 5 Article 173.14 of the Political Constitution of Nicaragua establishes: […] The decisions of the Supreme Council on electoral matters shall not be subject to any ordinary or special appeals. 2

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