55
office. However, none of [its] candidates were impeded from being nominated, and
consequently the existing parties had not opposed them within the time limited
established in Article 85 of the Electoral Act.” In addition, they stated that: Since [the
Supreme Electoral Council] had published the list of [YATAMA] candidates in the North
Atlantic Autonomous Region (RAAN), […] it [was] inconceivable that the resolution
issued […] should conclude that the fact that the alliance was not accepted in the
RAAS, [...] affected [its] candidates in the RAAN.” The representatives of YATAMA
indicated that this “constituted a violation of the political rights of the coastal people,
because the people of the Atlantic Coast were not being allowed to exercise their right
to freedom of election and to be able to vote, thereby promoting the two-party
system.”101 There is no evidence in the case file before the Court that the Supreme
Electoral Council issued any decision on this appeal.
124(55) On August 30, 2000, Brooklyn Rivera and Centuriano Knight filed before the
Civil and Labor Chamber of the Court of Appeal of the North Atlantic District, Puerto
Cabezas, an application for administrative amparo, based on Article 23 of the Amparo
Act in force, against the resolution issued by the Supreme Electoral Council on August
15, 2000 (supra para. 124(51); in it, they requested “the suspension of the resolution
and its effects.” In this application they stated that:102
(a)
The resolution of the Supreme Electoral Council concerning the
participation of YATAMA in the RAAN “contradict[ed] the official receipts
presented by the President del Electoral Council in the RAAN,” since YATAMA
presented the list of candidates for mayors, deputy mayors and councilors on
July 15, 2000; “consequently the alleged late presentation was unfounded”;
(b)
Regarding the resolution of the Supreme Electoral Council concerning
the participation of YATAMA in the RAAS, “the Electoral Act did not prohibit [a
party that] withdrew from a planned alliance from trying to take part in the
municipal elections based on [its] own legal status”;
(c)
Article 84 of the Electoral Act establishes that when the Supreme
Electoral Council “denies a request or rejects a candidate because they do not
comply with legal requirements, it shall notify the political party or alliance of
parties within the three days following the resolution, so that they may proceed
to correct the defects or to substitute the candidates.” However, the Supreme
Electoral Council “issued a resolution excluding YATAMA which [...] le[ft
YATAMA] totally unable to act,” because the Council never notified its
representatives “that an administrative procedure was being executed with
regard to the registration of [the YATAMA candidates,” to enable them “to
ensure [their] participation in the elections.”103
101
Cf. appeal for review of August 18, 2000, filed before the Supreme Electoral Council by YATAMA’s
legal representatives (file of appendixes to the application, tome II, appendix 18, folio 605).
102
Cf. 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 530).
103
Cf. 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 530).
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