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April 15 and 27, 2005 (supra paras. 22, 24, 39, 45 and 47). In addition, during the
public hearing held on March 9 and 10, 2005, the Court called upon the parties to
present the necessary information in their final written arguments, so that the Court
could determine the list of the alleged victims in this case; a request that was recalled
to the parties in a note from the Secretariat of March 31, 2005 (supra para. 39). The
persons proposed by YATAMA to take part in the 2000 municipal elections were not
registered as candidates by the Supreme Electoral Council, because it considered that
the party had not complied with the legal requirements. Thus, none of them took part
in the elections held on November 4 that year. Consequently, the lists, which the State
was asked to present, could not refer to registered candidates.
131. In the various requests for the lists of candidates, the State was reminded that,
in the RAAS, the list had been presented by the alliance of the Coastal People Party
and the YATAMA party; therefore, it should be able to provide these lists irrespective of
whether or not YATAMA and its candidates had participated in the 2000 municipal
elections, and also that these were documents that had not been presented by
YATAMA directly to the Supreme Electoral Council, but to a regional authority, or
attestations that had not been issued by the said Council, but by a regional authority.
132. Following the first two requests for collaboration in forwarding the said lists in
notes dated May 12 and December 9, 2004 (supra paras. 22 and 24), on March 1,
2005, the State provided a document issued by the RAAN Regional Electoral Council on
July 15, 2000, stating that, on that day, “the legal representative of the YATAMA
regional party presented the registration sheets of the candidates for the elections [...]
in the municipalities of Waspam Río Coco, Puerto Cabezas, Prinzapolka, Rosita and
Bonanza,” and indicated their names (supra para. 33). Accordingly, it was possible to
have complete information on the persons proposed by YATAMA as candidates in the
RAAN, given that the Court already had the official list of alternate or substitute
candidates (supra para. 128). Nevertheless, the State did not provide any information
on the list of proposed candidates in the RAAS.
133. Finally, on May 5, 2005 (supra para. 49), after the Court or its President had
made five requests (supra paras. 22, 24, 39, 45 and 47), the State delivered an
attestation issued on May 3, 2005, by the Director General for Political Parties of the
Supreme Electoral Council, which contained the names of the “candidates for mayors
and councilors of the South Atlantic Autonomous Region, presented [… t]o the South
Atlantic Regional Electoral Council in Bluefields (an organization that is not legally
empowered to receive candidacies) by the Coastal People Party Alliance (PPC) and to
the Supreme Electoral Council on July 17, 2000, after the time limited had expired,”134
134. The Court has established that the parties must provide the Court opportunely
with the evidence that it requests, so that it has the maximum information to evaluate
134
With regard to the persons proposed for registration as candidates in the RAAS, the Court notes
that, the attestation issued on May 3, 2005, by the Director for Political Parties of the Supreme Electoral
Council with regard to the RAAS (supra para. 49), contains the names of those who were proposed by the
alliance of the PPC and YATAMA parties, and it is not possible to distinguish who belonged to each of these
parties. Even though the Commission does not include the manner in which the PPC and its candidates were
excluded from participating in the 2000 municipal elections as an act that violates the Convention, it does
include as alleged victims all the persons who were proposed by the alliance and who YATAMA requested the
Supreme Electoral Council to accept as YATAMA candidates, when the PPC was subsequently excluded.
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