58
elections, arguing that the suspension fell within the competence of the National
Assembly.112
124(64) As a result of a complaint filed by Brooklyn Rivera Bryan on August 24,
2000, the Ombudsman’s Office asked the Supreme Electoral Council to provide “a
detailed report of the reasons for the facts reported in the complaint.” The Supreme
Electoral Council did not allow the Ombudsman’s Office to inspect the “Ledger of
Resolutions which contained the resolution that the Council had taken unanimously” on
August 15, 2000 (supra para. 124(51)), because, according to an official of this
Council, “the ledger was locked up and [the] only [person] who has the key [...] had
died.”113
124(65) On March 3, 2005, the Ombudsman’s Office issued a final decision with
regard to this complaint filed by Brooklyn Rivera Bryan (supra para. 124(64), in which
it declared that the Supreme Electoral Council and the Supreme Court of Justice “have
violated civil and political rights, in the form of the right to equality before the law, the
right not to be subjected to discrimination, the right to take part in government, to
elect and to be elected, the right to respect for their cultural identity and also the right
to judicial protection of the candidates for mayor, deputy mayor, councilors, and the
population in general of the Autonomous Regions of the North and South Atlantic.”114
CONCERNING THE MUNICIPAL ELECTIONS OF NOVEMBER 5, 2000
124(66) On November 5, 2000, the first municipal elections under Electoral Act No.
331 of 2000, were held in keeping with the electoral calendar of the Supreme Electoral
Council (supra para. 124(29)).115
124(67) The YATAMA party did not take part in the elections of November 5, 2000,
owing to the resolution of the Supreme Electoral Council of August 15, 2000 (supra
para. 124(51)). This caused tension that had repercussions on the national and
international scene.116 There were confrontations with the police, protests and arrests
of protesters who questioned this decision.117
Democracy, Americas Series, No. 27, General Secretariat of the Organization of American States (file of
appendixes to the application, tome II, appendix 19, folio 650); and newspaper Article entitled “Procurador
de D.H. aconseja suspender elecciones en la RAAN. CSE no debe medir fuerzas con YATAMA”, published in
“El Nuevo Diario” on November 3, 2000 (file of appendixes to the application, tome II, appendix 22, folio
808).
112
Cf. newspaper Article entitled “CSE persiste en jugar con fuego. Mantienen elecciones sin YATAMA”,
published in “El Nuevo Diario” on November 4, 2000 (file of appendixes to the application, tome II, appendix
22, folio 816); and Second Report. The Carter Center Mission to Evaluate Electoral Conditions in Nicaragua,
November 1-8, 2000 (file of appendixes to the application, tome II, appendix 20, folio 731).
113
Cf. resolution of March 3, 2005, issued by the Ombudsman’s Office (file of preliminary objections,
merits and reparations, tome IV, folio 985); and newspaper Article entitled “Procurador de D.H. aconseja
suspender elecciones en la RAAN. CSE no debe medir fuerzas con YATAMA”, published in “El Nuevo Diario”
on November 3, 2000 (file of appendixes to the application, tome II, appendix 22, folio 808).
114
Cf. resolution of March 3, 2005, issued by the Ombudsman’s Office (file of preliminary objections,
merits and reparations, tome IV, folio 992).
115
Cf. Electoral Observation in Nicaragua: 2000 Municipal Elections/Unit for the Promotion of
Democracy, Americas Series, No. 27, General Secretariat of the Organization of American States (file of
appendixes to the application, tome II, appendix 19, folio 620).
116
Cf. Electoral Observation in Nicaragua: 2000 Municipal Elections/Unit for the Promotion of
Democracy, Americas Series, No. 27, General Secretariat of the Organization of American States, and
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents