subsequent elections, the former as president of the republic and the latter as mayors, because as established in Judgment No. 504-2009 and 67-2010 and we reiterate the wording here: “The principle of the sovereignty of the people and the right to elect and be elected cannot be altered not even by the Derived Constitutional Convention because it is a substantive and essential human right. (…) IN THE INSTANT CASE THE UNCONSTITUTIONALITY IS UPHELD as declared in the THEREFORE clause of Judgment No. 504 (…) as a result of which: ERGA OMNES NONAPPLICABILITY IS HEREBY DECLARED for the following constitutional provisions: ARTICLE 147 of the Constitution, solely in that part that literally reads, in its entirety, as follows: “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 (…).” 14 C. Facts of the instant case 35. The alleged victim, Fabio Gadea Mantilla, is a Nicaraguan journalist and politician who has, on two occasions, been a candidate for a seat in the Central American Parliament and, on one occasion, been a candidate as national congressperson. 15 The facts of the present case involve his political participation as candidate running for president of the Republic of Nicaragua in the elections of 2011. 36. According to available information, on October 28, 2010, the Supreme Electoral Council announced elections for president and vice-president of the republic and other public offices, on the basis of the following terms: It hereby agrees. First: To convene elections to elect the president and vice-president of the republic, and to elect congresspersons to the National Assembly; 20 congresspersons with a national constituency and 70 congresspersons with a departmental constituency; to elect congresspersons to the Central American Parliament; 20 national congresspersons; to be verified on Sunday the sixth of November in the year two thousand eleven.16 37. On March 9, 2011, the alleged victim submitted his candidacy to the Supreme Electoral Council to run for the office of president of Nicaragua on behalf of the Independent Liberal Party Alliance in the elections that would be held on November 6, 2011. 17 A few days thereafter, President Ortega submitted his candidacy to the Supreme Electoral Council to run for the same public office in the above-mentioned elections. 18 38. On April 6, 2011, the Supreme Electoral Council published the final list of candidates for president and vicepresident of the Republic, on which both the alleged victim’s registration of his candidacy for the office of president and President Ortega’s candidacy on behalf of the Sandinista National Liberation Front Alliance appeared. 19 39. As reported by the petitioner, on April 1, 2011, the alleged victims and various other candidates filed an “appeal to disqualify presidential candidates” regarding the registration of President Ortega’s candidacy to run for president, 20 arguing that it was registered in flagrant breach of the express wording of Article 147 of the Constitution and that both judgment No. 504 of the Constitutional Chamber of the Supreme Court of Justice and judgment No. 6 issued by the plenary of the Supreme Court of Justice were unlawful. 21 Judgment No. 6 of the Supreme Court of Justice of Nicaragua, September 30, 2010. See brief of May 23, 22019 from the state. 16 Agreement of the Supreme Electoral Council of October 28, 2010 to convene elections. Annex 1 to the brief of observations on the merits of February 24, 2020, from the state. 17 Annex 1. CSE form to register candidates standing for president and vice-president of the Republic in the general elections of November 2011. Annex 2 to the brief submitted by the state on November 8, 2017. 18 Brief of observations on the merits submitted by the petitioner on July 14, 2019, p. 6. 19 Annex 1. CSE form to register candidates standing for president and vice-president of the Republic in the general elections of November 2011. Annex 3 to the brief of November 8, 2017 submitted by the state re de 2011. 20 Brief of observations on the merits submitted by the petitioner on July 14, 2019, p. 6 21 Annex 2. Resolution of the Supreme Electoral Council of Nicaragua, dated April 4, 2011. Annex 2 to the brief submitted by the petitioner on April 5, 2011. 14 15