F.
Characterization of the facts alleged
27. Article 47(b) of the Convention establishes that any petition will be inadmissible that “does
not state facts that tend to establish a violation of the rights guaranteed by this Convention.”
28. The Commission considers that the petitioners’ allegations, if proven, could tend to
establish a violation of the rights guaranteed in Articles 8, 15, 23, 24, and 25 of the
Convention, in conjunction with Article 1(1) of the Convention.
29. Based on the foregoing, the Commission considers that the requirements established at
Article 47(b) and (c) of the American Convention have been satisfied.
V.
CONCLUSIONS
30. The Commission concludes that it is competent to take cognizance of the complaint
submitted by the petitioners, and that the petition is admissible under Articles 46 and 47 of the
Convention.
31. Based on the foregoing arguments of fact and law, and without prejudging on the merits,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
DECIDES:
1. To declare admissible the petitioners’ complaint regarding the alleged violation of Articles 8,
15, 23, 24, 25, and 1(1) of the Convention, to the detriment of the candidates to mayor,
deputy mayor, and municipal council presented by YATAMA for the municipal elections of
November 5, 2000, in the North Atlantic Autonomous Region and the South Atlantic
Autonomous Region.
2. To give notice of this decision to the Nicaraguan State and to the petitioners.
3. To continue with the analysis of the merits of this case.
4. To publish this decision and include it in its Annual Report to the OAS General Assembly.
Adopted by the Inter-American Commission on Human Rights, December 3, 2001. (Signed):
Claudio Grossman, President; Juan E. Méndez, First Vice-President; Marta Altolaguirre, Second
Vice-President; Commissioners Robert Goldman, Peter Laurie, and Julio Prado Vallejo.
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