73
number of municipalities in which YATAMA present[ed] candidates d[id] not attain the
80% referred to in Article 82(2) pursuant to Article 80 in fine of the Electoral Act.” The
Council did not indicate the municipalities in which YATAMA was not represented.
158. With regard to the participation of the candidates proposed by YATAMA in the
RAAN, the said resolution of August 15, 2000, declared that, “the candidates presented
by this Organization in the North Atlantic [were] not registered because it had not
complied with the time limit established in the Electoral Act” (supra para. 124(51)(b)).
The “Considering clauses” contained no reference to the grounds for this decision. The
Supreme Electoral Council did not indicate whether the “time limit established in the
Electoral Act” that YATAMA “ha[d] not complied with” was the one for obtaining
YATAMA’s legal status as a political party in order to take part in these elections (supra
para. 124(23)), or the one established in the electoral calendar for the presentation of
the list of candidates (supra para. 124(30)).
159. Given that, as has been proved, YATAMA had obtained its legal status within the
time limit established by Article 77 of the Electoral Act in order to take part in the
municipal elections of November 2000 (supra para. 124(23) and 124(28)), and that it
had presented the lists of candidates within the time limit stipulated on the electoral
calendar (supra para. 124(30), 124(31) and 124(39)), the Council should have
indicated the specific requirement of the Electoral Act that YATAMA had failed to
comply with, indicating the corresponding norm, so that it could be understood which
“time limit established in the Electoral Act” YATAMA had not “complied with” and the
reasons for that conclusion.
160. Compliance with the guarantee to justify the decisions adopted during the
electoral process of November 2000 was especially important, since Electoral Act No.
331, which regulated this process, had entered into force approximately nine months
before the date set for holding the elections. In other words, this was the first electoral
process organized under this law, which embodied significant modifications with regard
to the previous law, such as the elimination of the category of “public subscription
association” and the new requirement that an individual could only participate as a
candidate through a political party (supra para. 124(20)).
161. The Court considers that, by excluding the alleged victims from participating in
the 2000 municipal elections, the Supreme Electoral Council did not respect the
guarantee established in Article 84 of Electoral Act No. 331, which stipulates:
When the
request or
notify this
resolution,
Supreme Electoral Council, pursuant to the provisions of this law, denies a
rejects a candidate for failing to comply with the legal requirements, it shall
to the political party or alliance of parties within the three days following the
so that they may proceed to correct the defects or to substitute the candidates.
162. When deciding that YATAMA had not complied with the requirements for
registering its candidates in the RAAS and the RAAN, the Supreme Electoral Council did
not grant this organization the opportunity to correct the existing defect. Moreover, it
did not notify to YATAMA the resolution issued by the Council on July 18, 2000 (supra
para. 124(46)) that excluded the PCC from participating in the elections, even though
PPC headed the alliance with YATAMA in the RAAS, an alliance that was pending
authorization by the Supreme Electoral Council. One month later, the Council decided
that the candidates proposed by YATAMA could not participate because it had not
complied with all the respective requirements (supra para. 124(51)).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents