dismissed the remedy challenging the candidacy by declaring that the presidential candidate José Daniel Ortega
Saavedra had been duly registered and appeared in the register for the elections of 2011.
6. The petitioner indicated that the CSE’s ruling was based on a judgment issued by the Constitutional
Chamber of the Supreme Court of Justice on October 19, 2009, whereby said court ascertained that restricting
the number of presidential terms of office that a person could serve constituted a violation of the right to
equality and declared that Article 147(a) and (b) of the Constitution were nonapplicable and ordered the CSE
to certify President Ortega and the other citizens who had filed an appeal for protection on constitutional
grounds (amparo) as citizens eligible to participate in the 2011 elections. This ruling was again upheld by the
plenary chamber of the Supreme Court of Justice on September 30, 2010.
7. The petitioner stated that the registration of President Ortega, on the basis of the above-mentioned rulings,
violated the principle of constitutional supremacy, bearing in mind that said rules prevailed over the
constitutional provision referring to the electoral system. He underscored that Article 182 of the Constitution
of Nicaragua provides that laws, treaties, orders, or provisions that run counter to or alter the provisions of the
Constitution shall have no standing whatsoever. He also established that the Constitution envisages stringent
mechanisms whereby its contents can be amended, and the judicial branch of government is not included
among the institutions that can alter the Constitution, let alone in response to an appeal for protection on
constitutional grounds (amparo). He indicated that the above-mentioned judgments cannot have any effect to
amend the Constitution, let alone to modify the electoral system provided for in the Constitution.
8. Specifically, in terms of the law, the petitioner argued that the right to a fair trial, political rights, the right
to judicial protection, and the right to adopt provisions under domestic law had been violated. Regarding
the right to a fair trial, he argued that said right was violated because the CSE’s ruling upholding President
Ortega’s candidacy is groundless and is confined to indicating that its ruling is based on the judgment of the
Supreme Court of Nicaragua of September 30, 2010, without specifying why said judgment should prevail over
the express wording of Nicaragua’s Constitution.
9. Likewise, in connection with judicial guarantees, he alleged that the Supreme Electoral Court lacked
independence and impartiality and pointed out that said institution was subject to political interference. He
stated that, after the CSE’s ruling, in 2014 the National Assembly of Nicaragua adopted the amendment to
Articles 146 and 147 of the Constitution, authorizing indefinite reelection and enacting measures such as the
right to rule by decree. He alleged that it was a demonstration of how the executive branch of government was
coopting powers. He added that, in 2016, the government abolished opposition political parties, including that
of the alleged victim, by replacing the legitimate representatives of said political parties as established by their
statutes.
10. The petitioner also contended that political rights were violated, in terms of the right to participate on
equal terms. Regarding this, he stated that the CSE registered President Ortega’s candidacy in breach of Article
147 of the Constitution and that said registration changed the rules governing the electoral process. He added
that, by virtue of the principle of equality, there would no reason to grant President Ortega an exceptional status
with respect to compliance with the Constitution.
11. The petitioner explained that, according to the inter-American system, the constraints on reelections were
aimed at observing the principle of proportionality. Regarding this, he stated that the limits on presidential
terms of office are geared to preventing the indefinite consolidation of power of incumbent presidents. He
therefore alleged that it is a measure aimed at achieving the general goal of ensuring freedom and equality of
opportunities for all citizens.
12. Finally, he argued there was a violation of the right to judicial protection and the duty of adopting
provisions under domestic law, bearing in mind that there are no effective remedies to challenge the CSE’s
rulings. Regarding this, he stated that, according to the Constitution, it was not possible to file ordinary or
extraordinary remedies against the CSE’s rulings. He stressed that, in the case of Yatama v. Nicaragua, the Inter-