71
146. As established by the proven facts (supra para. 124(51), 124(57) and
124(61)), the Supreme Electoral Council, the Civil and Labor Chamber of the Court of
Appeal of the North Atlantic District, Puerto Cabezas, and the Constitutional Chamber
of the Supreme Court of Justice adopted decisions concerning the participation of the
YATAMA candidates in the municipal elections of November 2000.
1)
Application of Article 8(1) as regards decisions of the Supreme Electoral Council
147. Article 8 of the American Convention applies to all the requirements that should
be observed by the procedural bodies, whatsoever they may be, so that a person may
defend himself adequately against any act of the State that could affect his rights.141
148. According to the provisions of Article 8(1) of the Convention, when determining
a person’s rights and obligations of a criminal, civil, labor, fiscal or any other nature,
“due guarantees” must be observed that ensure the right to due process, in
accordance with the corresponding procedure.
149. All the organs that exercise functions of a substantially jurisdictional nature
have the obligation to adopt just decisions based on full respect for the guarantee of
due process established in Article 8 of the American Convention.142 Article 8(1) of the
Convention, which alludes to the right of every person to a hearing by a “competent
judge or tribunal” for the “determination of his rights,” is also applicable in situations
in which a public rather than a judicial authority issues decisions that affect the
determination of such rights,143 as occurred in the instant case.
150. The decisions issued by domestic bodies with regard to electoral matters may
affect the enjoyment of political rights. Consequently, in this sphere also, the minimum
guarantees established in Article 8(1) of the Convention must be observed, to the
extent that they are applicable in the respective proceeding. In this case, it should be
taken into account that the electoral procedure preceding the municipal elections calls
for promptness and a simple process that facilitates decision-making within the
framework of the electoral calendar. The Supreme Electoral Council should respect the
specific guarantees provided for in Electoral Act No. 331 of 2000, which regulates the
election process for mayors, deputy mayors and councilors.
151. The decisions issued by the Supreme Electoral Council had a direct effect on the
exercise of the right to political participation of the persons proposed by the YATAMA
party to participate in the municipal elections of November 2000, because they were
decisions that denied their registration as candidates and the possibility of being
elected to specific public positions. Nicaraguan laws have assigned functions of a
substantially jurisdictional nature to the Supreme Electoral Council. Indeed, the State,
141
Cf. Case of Ivcher Bronstein. Judgment of February 6, 2001. Series C No. 74, para. 102; Case of
Baena Ricardo et al. Judgment of February 2, 2001. Series C No. 72, para. 124; Case of the Constitutional
Court. Judgment of January 31, 2001. Series C No. 71, para. 69; and Judicial Guarantees in States of
Emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights). Advisory Opinion OC-9/87 of
October 6, 1987. Series A No. 9, para. 27.
142
Cf. Case of Ivcher Bronstein, supra note 141, para. 104; and Case of the Constitutional Court, supra
note 141, para. 71.
143
Cf. Case of Ivcher Bronstein, supra note 141, para. 105; and Case of the Constitutional Court, supra
note 141, para. 71.
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