[T]he state of Nicaragua does not have an independent judicial branch of government because of appointment procedures tainted by factors such as nepotism or influence and manipulation by the government’s political party. Since 2000, the Supreme Court of Justice was composed of 16 justices and 16 alternate judges were appointed to the court, which made it possible to distribute the seats to the country’s two principal political forces. In 2010, President Daniel Ortega approved Presidential Decree 03/2010 that made it possible for the judges of the Supreme Court of Justice to keep their seats although their terms of office had expired. In this context, in 2013, the then United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, reported the huge political leverage involved in appointing the judges of the Supreme Court of Justice, and in particular because the government’s political majority in the National Assembly made it possible to appoint state officials without the endorsement of any other political representation. By 2014, the FSLN and judges close to the President held three of the four chambers of the judicial branch of government. 5 26. Likewise, the IACHR Special Rapporteurship for Freedom of Expression has stated that in Nicaragua “a duopoly has been consolidated in the media, controlling the majority of television and radio broadcasting media. In fact, most audiovisual media is under the political control of the President’s family or of one businessperson with ties to the government. As a result, these media are highly biased and their journalists encounter obstacles when they wish to carry out their work independently (…).” 6 For example, in its Annual Report for 2011, the Special Rapporteurship underscored that it: has received information indicating that multiple presidential broadcasts have continued to be employed on all cable television channels to transmit messages that even include partisan elements. Such actions are carried out based on administrative order 009-2010 of the Nicaraguan Institute for Telecommunications and Postal Service (TELCOR), according to which subscriber-based television channels must make their services and facilities available to the Government of the Republic during times of national emergency. According to reports, last January 10 several cable television channels that did not link their signals up to the presidential speech were reportedly blocked when President Ortega issued his Government Report in a public square. In addition, on July 19, open channels and cable channels were forced to air the official celebration of the 32nd anniversary of the triumph of the Sandinista revolution. 7 B. Relevant regulatory framework and background to the instant case 27. The Commission recalls that, at the time of the incidents, the Political Constitution of Nicaragua of 1987 had the following provisions in connection with the parts that are relevant for the instant case: ARTICLE 47. To be elected for office, the candidates for President and Vice President of the Republic must obtain at least forty-five percent of the valid votes, as relative majority. (…) If no candidate obtains the required percentage, a second election shall be held for the candidates who obtained first and second places, and the candidate with the highest number of votes shall be elected. In order to be eligible as President or Vice President it is necessary: 1. To be a national of Nicaragua. 2. To fully enjoy one’s civil and political rights. 3. To be at least twenty-five years old 4. To reside continuously in the country for four years prior to the election; this does not apply to persons who during the aforementioned period were engaged in diplomatic missions, were working in international organizations or were pursuing studies overseas. The following persons may not run for President or Vice President of the Republic: a. 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. ARTICLE 173. The Supreme Electoral Council has the following functions: 5 IACHR, Annual Report 2018, chapter IV. B Nicaragua. General Human Rights Situation since April 2018. Concentration of power and undermining the rule of law, para. 99. 6 IACHR, Annual Report 2018, chapter IV. B Nicaragua. General Human Rights Situation since April 2018. Concentration of power and undermining the rule of law, para. 114. 7 IACHR, Annual Report of the Inter-American Commission on Human Rights 2011, OEA/Ser.L/V/II.Doc.69, December 30, 2011, para. 450.