65
the facts and substantiate its decisions.135 In proceedings on human rights violations,
the applicant may not be able to provide evidence that can only be obtained with the
cooperation of the State, which, in many cases, controls the means to clarify facts that
have occurred on its territory.136
135. The Court considers that the State had the required official information and
that, despite the Court’s repeated requests based on Article 45(2) of the Rules of
Procedure, it failed to present this information in a timely manner, invoking
unsubstantiated arguments (supra paras. 23, 40 and 46). It stated that YATAMA had
not fulfilled the legal requirements for participating in the elections (some of which
were not even considered by the Supreme Electoral Council when it decided not to
register YATAMA’s candidates (supra para. 124(51)), and it acted as if it did not
understand that, when it was requested to provide information on the candidates
proposed by YATAMA in the RAAS, it should provide this, even though YATAMA had
presented them in alliance with the PPC.
136. This omission by the State caused unnecessary difficulties in determining the
alleged victims and signified non-compliance with the obligation to cooperate with the
Court, owing to the failure to provide the information required in a timely manner. It is
not for the State, or any other party, to determine the merits and consequences of
providing documents requested by the Court or its President.
137. At the date on which this judgment is delivered, the Court holds official
documentation determining the names of the alleged victims, so this problem has been
resolved.
138. The Court has taken into consideration the following probative elements to
determine the persons who were presented by YATAMA as candidates to take part in
the 2000 municipal elections: (a) the official receipt dated July 18, 2000, for the
delivery of the “original documentation of municipal substitute candidates for mayor,
deputy mayor and councilors of the North Atlantic municipalities,” that the President of
the RAAN Regional Electoral Council forwarded to the Director General for Political
Parties of the Supreme Electoral Council; (b) the document issued by the RAAN
Regional Electoral Council on July 15, 2000, stating that the same day “the legal
representative […] of the […] YATAMA regional party presented the registration sheets
of the candidates for elections […] in the municipalities of Waspam Río Coco, Puerto
Cabezas, Prinzapolka, Rosita and Bonanza”; (c) attestation of May 3, 2005, issued by
the Director General for Political Parties of the Supreme Electoral Council, containing
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 […] by the Coastal People Party Alliance (PPC) and to the Supreme Electoral
Council on July 17, 2000, after the time limit had expired”; (d) list of candidates
presented by the petitioners in the proceedings before the Commission; (e) list of
candidates presented by the Commission as attachment 1 to its application; (f) list of
candidates included by the representatives in the brief with requests and arguments;
135
Cf. Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 83; Case of the “Juvenile
Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para. 93; and Case of the 19
Tradesmen, supra note 5, para. 77.
136
Cf. Case of Tibi, supra note 135, para. 83; Case of the 19 Tradesmen, supra note 5, para. 77; and
Case of Juan Humberto Sánchez. Interpretation of the judgment on preliminary objections, merits and
reparations. (Art. 67 American Convention on Human Rights). Judgment of November 26, 2003. Series C No.
102, para. 47.
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