54
South Atlantic Autonomous Region is inadmissible (supra para. 124(48)). In
this regard, it considered “that YATAMA [was] a legally constituted party and
in full use of the rights established in the Electoral Act and, as such, it could
take part in the elections of November 2000, either in alliances or individually,
provided it complie[d] with the Electoral Act and the terms of the electoral
calendar.” It also indicated that “since [PPC] failed to provide the percentage
of signatures referred to in Article 77(7), [...] the number of municipalities in
which YATAMA present[ed] candidates is less than the 80% referred to in
Article 82(2) in relation to Article 80 in fine of the Electoral Act[,] which
establishe[d] that the parties or alliances of parties must register candidates
for all the elections and positions referred to in Article 1 of [the said] law; and
also that Article 89(1) of the Constitution establishes that ‘[t]he communities
of the Atlantic Coast are an indissoluble part of the Nicaraguan people and, as
such, enjoy the same rights and have the same obligations’”;
(b) With regard to the participation of YATAMA in the North Atlantic
Autonomous Region (RAAN), that “the candidates presented by the said
Organization in the North Atlantic w[ould] not be registered because [...] they
had not complied with the time limit established in the Electoral Act”.
124(52) On August 17, 2000, the Supreme Electoral Council notified the said
resolution of August 15, 2000, to the legal representatives of YATAMA.99
124(53) On August 17, 2000, the President of the RAAN Regional Electoral Council
addressed a communication to the President, Vice-President and a Magistrate of the
Supreme Electoral Council, in which he requested “emphatically” a clarification with
regard to YATAMA’s exclusion from the municipal elections and indicated that “it [was]
urgent that a magistrate should come immediately to clarify this situation and avoid
subsequent harm [or,] if this was not possible, [YATAMA] should be offered a meeting
with the magistrates of the [Supreme Electoral Council].” The President of the Regional
Electoral Council indicated that “if the regional political organization did not receive a
clear and positive reply forthwith, it w[ould] not be responsible for any actions that
m[ight] be taken in” the RAAN.100
124(54) On August 18, 2000, the legal representatives of YATAMA filed before the
Supreme Electoral Council an appeal for review of the resolution of August 15, 2000,
issued by this Council (supra para. 124(51)). In this appeal, the representatives stated
that, in several communications, they had requested the Supreme Electoral Council to
“register YATAMA for the elections in the South Atlantic Autonomous Region (RAAS)
under its own name, presenting [its] own list of candidates to the regional delegate of
the Supreme Electoral Council[, …] but these communications were never answered.”
They also indicated that, in accordance with Article 81 of the Electoral Act, “those who
did not comply with the requirements, who had an impediment or who were prohibited
under the Constitution and the pertinent laws, could not be nominated for elected
99
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); and application for amparo filed by YATAMA’s legal
representatives before the Civil 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).
100
Cf. letter of August 17, 2000, from the President of the RAAN Regional Electoral Council to the
President, Vice President and a magistrate of the Supreme Electoral Council (appendixes to the brief with
preliminary objections, answering the application and with comments on the brief with requests and
arguments, appendix A, file of preliminary objections, merits and reparations, tome II, folio 338).
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