21 name the party to whom the power of attorney is granted and, finally, specify the purpose of the representation. In the opinion of this Court, instruments that meet these requirements are valid and take full effect upon presentation to the Court.8 95. The powers of attorney granted by most of the alleged victims to CENIDH and CEJIL indicate clearly the personal information of those granting the powers of attorney, the information about those being granted the power of attorney, its purpose, and the willingness of the former to be represented by officials of these organizations. Consequently, the Court finds that the powers of attorney are valid and effective in the proceeding before this Court. Moreover, the fact that some of the alleged victims have not granted a power of attorney does not result in the Court abstaining from hearing the case, because this would entail an un constraint (supra paras. 82 to 92). 96. Consequently, the Court rejects the third preliminary objection. * * * FIFTH PRELIMINARY OBJECTION “Obscurity of the application and its expansion” 97. Arguments of the State: (a) “If the persons on behalf of whom the Commission and the organizations cited in its expansion lodged the application failed to comply with the regulations of the Electoral Act and, consequently, did not [...] participate in the election process for mayors, deputy mayors and councilors, this in no way represents a violation of their political rights”; (b) The electoral organizations are empowered to determine whether the YATAMA party complied or not with the requirements set forth in the Nicaraguan Electoral Act to take part in the municipal elections of November 5, 2000. In Nicaragua, the Supreme Electoral Council is the maximum authority in electoral matters and the final instance in this regard. “[T]he electoral laws grant the Council a jurisdictional function […] and, based on this, it took a decision as a judicial body of final instance, under the Constitution in force”; (c) The application is obscure because it is not clear what exactly is being claimed. In the part setting forth the legal claims, the Commission requests the Court to declare that Nicaragua should reform its domestic laws to facilitate the political participation of the indigenous organizations in the different electoral processes in the Atlantic Coast Autonomous Region of Nicaragua, in accordance with the customary law, values, practices and customs of the indigenous people who live there. “No grounds are given for that petition”; and (d) The position of the Commission and the representatives “seeks an abstract revision of the compatibility of domestic law with the American Convention”. 8 Cf. Case of Castillo Páez. Reparations, supra note 7, paras. 65 and 66; and Case of Loayza Tamayo. Reparations, supra note 7, paras. 98 and 99.

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