63
VIII
CONSIDERATIONS CONCERNING THE DETERMINATION OF ALLEGED VICTIMS
125. Several problems have arisen concerning the determination of the alleged
victims. Consequently, before examining the alleged violations, the Court will establish
who it will consider the alleged victims to be.
126. The Commission indicated that the alleged violations of the Convention were
committed “to the detriment of the candidates for the positions of mayors, deputy
mayors and councilors presented by the regional political party […] ‘YATAMA’ for the
municipal elections of November 5, 2000, in the North Atlantic Autonomous Region and
the South Atlantic Autonomous Region.” It explained that, in the RAAS, the YATAMA
party presented candidates in alliance with the Coastal People Party (PPC), an alliance
that was called the PPC Alliance, and that, in the RAAN, the YATAMA party took part
independently.
127. In principle, determination of the alleged victims would need to be supported by
official documents presented to the Nicaraguan electoral authorities or issued by the
latter, authenticating the name of the candidates proposed by YATAMA, independently
or in alliance.
128. On several occasions during the proceeding before the Commission, the
representatives of the alleged victims requested the Director for Political Parties of the
Supreme Electoral Council, the Secretary of Proceedings, and the magistrates of this
Council to provide them with copies of the lists of candidates presented by YATAMA in
the Atlantic Autonomous Regions. The only official document that Nicaragua provided
was an official receipt of July 18, 2000, for the “original documentation of municipal
substitute candidates for mayor, deputy mayor and councilors of the municipalities of
the North Atlantic received on July 15, 2000,” which the President of the RAAN
Regional Electoral Council forwarded to the Director General for Political Parties of the
Supreme Electoral Council. This document contains the names of the candidates that
the Commission provided in the application. However, it does not give any information
on the list of candidates presented in the RAAS and it does not provide information on
all the candidates presented in the RAAN, because it is merely a list of substitute
candidates.
129. In their briefs with requests and arguments, and with comments on the
preliminary objections, the representatives requested the Court to require the State to
present the official lists of candidates proposed by YATAMA in both the RAAN and the
RAAS for the 2000 municipal elections, because they had made this request and had
not obtained complete information from the State.
130. Since it was necessary to have the official lists of candidates presented by
YATAMA and there were differences between the lists of alleged victims provided by
the Commission and by the representatives, the Secretariat, on the instructions of the
President and all the judges of the Court, requested the State’s cooperation in the
presentation of these lists, in notes of May 12 and December 9, 2004, March 31, and
objections, merits and reparations, tome V, appendixes to the final written arguments of the representatives
of February 17, 2005, appendixes 4 and 5, folios 1647 to 1686).
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