53
of these communications, YATAMA requested that it be allowed to register the
candidates presented by the PPC and YATAMA Alliance (called the PPC Alliance) as its
own candidates in the RAAS.95
124(49) On August 11, 2000, Brooklyn Rivera Bryan, in person, presented a
communication to the Supreme Electoral Council, addressed to the President of this
body, in which he “formally delivered the list of photocopies of identity documents of
candidates for mayors, deputy mayors and councilors and their substitutes for the
municipalities of Bluefields, Kubra Hill, Laguna de Perlas, La Desembocadura del Río
Grande, Tortuguero and La Cruz de Río Grande [RAAS], proposed by YATAMA [...] to
replace the candidates” who had resigned as candidates of the party.96
124(50) On August 11, 2000, Brooklyn Rivera Bryan, in person, presented another
communication addressed to the President of the Supreme Electoral Council, in which
he stated that “[e]ven though, at the last minute, PIM ha[d] abandoned unilaterally its
commitment to coastal unity and PPC ha[d] not collected all the required signatures,
this did not affect the good intentions or preclude YATAMA’s right to take part in the
forthcoming elections.” Also, in this communication, Mr. Rivera Bryan indicated that,
“YATAMA complied with all the legal requirements of the Supreme Electoral Council,
including the list of substitutes for the candidates who had resigned in the different
municipalities in both autonomous regions, RAAN and RAAS. In the case of the RAAN,
the list of candidates [had] already been duly published in the municipalities in which
they participated, but the list of candidates in the RAAS had not been published
opportunely, which had negatively affected the communities and grass-roots sectors,
and the Organization’s rhythm of work.” 97
124(51) On August 15, 2000, one month after the expiry of the time limit
established in the electoral calendar for the political parties to present their list of
candidates, the Supreme Electoral Council issued a resolution excluding YATAMA from
the elections of November 5, 2000, in both the RAAN, and the RAAS. The Supreme
Electoral Council did not give YATAMA the opportunity to “proceed to correct the
defects or to substitute the candidates,” pursuant to Articles 83 and 84 of Electoral Act
No. 331 of 2000 (supra para. 124(25)). In its resolution, the Electoral Council
decided:98
(a) With regard to the participation of YATAMA in the South Atlantic
Autonomous Region, “[t]he request by YATAMA to register as candidates for
this party those candidates presented by the YATAMA/PPC Alliance in the
Appeal of the North Atlantic District, Puerto Cabezas (file of appendixes to the application, tome II, appendix
8(1), folio 528).
95
Cf. letter of July 31, 2000, from the legal representative of YATAMA to the President of the Supreme
Electoral Council (file of appendixes to the application, tome II, appendix 16(1), folio 600); application for
amparo filed by YATAMA’s legal representatives before the Civil and Labor Chamber of the Court of Appeal of
the North Atlantic District, Puerto Cabezas (file of appendixes to the application, tome II, appendix 8(1), folio
529).
96
Cf. letter of August 11, 2000, from the legal representative of YATAMA to the President of the
Supreme Electoral Council (file of appendixes to the application, tome II, appendix 16(2), folio 601).
97
Cf. letter of August 11, 2000, from the legal representative of YATAMA to the President of the
Supreme Electoral Council (file of appendixes to the application, tome II, appendix 16(3), folio 602).
98
Cf. resolution issued by the Supreme Electoral Council on August 15, 2000 (file of appendixes to the
application, tome II, appendix 15(2), folio 599).
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