66
(g) final list of candidates presented by the representatives in their final written
arguments;137 (h) brief of May 13, 2005, in which the representatives submitted
clarifications and explanations concerning the differences in the lists of candidates
provided during the proceedings before the Court;138 (i) brief of May 16, 2005, in
which the Commission submitted clarifications and explanations concerning the
differences in the lists of candidates provided during the proceedings before the Court;
and (j) briefs of May 18 and 19, 2005, in which the State presented observations on
the two said briefs.
139. When determining the identity of the persons whose names were submitted for
registration as candidates for YATAMA, the Court has given prevalence to the first
three documents indicated in the preceding paragraph, which are official attestations
issued by the electoral organs, whose authenticity and content have not been opposed
or questioned.
140. Based on the foregoing, the Court considers as alleged victims the following
persons who were proposed by YATAMA to be registered and participate as candidates
for mayors, deputy mayors and municipal councilors in the 2000 municipal elections in
the RAAN: Municipality of Puerto Cabezas: Rodolfo Spear Smith (mayor), Anicia
Matamoros Bushey (deputy mayor), Lilly Mai Henríquez James (councilor), Donly
Mendoza Cisnero (substitute councilor), Ovencio Maikell Barwell (councilor),
Gumersindo Rodríguez Francis (substitute councilor), Edmundo Catriciano Joseph
(councilor), Sonia Pedro Feliciano (substitute councilor), Jerry Labonte Moody
(councilor), Evaristo Lacayo Salvador (substitute councilor), Elmer Emsly Blanco
(councilor), Winston Joel Livy (substitute councilor), Rodolfo Alciriades Sánchez
(councilor), Alfredo Gabriel Gabrino (substitute councilor), Teresa Jonson Bengis
(councilor), Roberto Labonte Centeno (substitute councilor), Minario Emsly Wilson
(councilor); Municipality of San Juan de Río Coco Waspam: Celio Thomas Zamora
(mayor), Calistro Osorio Bans M. (deputy mayor), Diego Guzmán Vanegas Allington
(councilor), Aguilar Salomón Dixon (substitute councilor), Adrián Padilla Richard
(councilor), Morano Castro Castro (substitute councilor), Gilberto Williams Jirón
(councilor), Alonso Fresly Gabriel (substitute councilor), Lucio Alfred Lacayo Kitler
(councilor), Armando Thomas (substitute councilor), José Guzmán Guzmán Briman
(councilor), Antonio Avila Gutiérrez (substitute councilor), Bernaldo García Pantin
(councilor), Arturo Solórzano White Solórzano (substitute councilor), Loenida Martínez
Pasly (councilor), Lobres Josenes Josenes Figueroa (substitute councilor), Remigio
Narciso Zepeda (councilor), Antonio Reyes Waldan (substitute councilor); Municipality
of Bonanza: Mario Peralta Bands (mayor), Jorge Chacón Wilson (deputy mayor),
Ceferino Wilson Bell (councilor), Patricio López Díxon (substitute councilor), Icasio
Díxon Reyes (councilor), Cindyluz Carolina Couberth Cárdenas (substitute councilor),
Neiria Elizabeth Fúnez Muller (councilor); Municipality of Rosita: Cristina Poveda
137
The Court has noted that the representatives included 20 people on their lists, but their names do
not appear in the application or on the State’s official lists. When explaining this difference, the
representatives indicated in their brief of May 13, 2005, that, following the “dissolution of the PPC/YATAMA
Alliance,” it was requested that these persons should be registered as candidates and they asked the Court
to consider them alleged victims. The Court will not consider these persons alleged victims because their
presentation is not confirmed in any official document, and they were not included on the list presented by
the petitioners in the proceeding before the Commission or in the application filed by the Commission, so
that the State was unable to consider them.
138
In their brief with clarifications and explanations, the representatives acknowledged that two people
who had been included as alleged victims in their final list of candidates in the RAAN had been substituted,
so they would not be candidates proposed by YATAMA. Also, the representatives acknowledged that they had
included four people on their lists of candidates in the RAAS who should be considered “victims in their
capacity as voters” and not as candidates.
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