95
(ii)
“The indigenous communities to which the YATAMA candidates
belong, not only selected them according to their practices, customs,
values and customary law, but also contributed [...] certain goods and
services in support of their candidates”;
(iii)
The calculation of the amount of the expenses incurred by the
YATAMA candidates and their communities should take into account the
oral tradition of the indigenous people;
(iv)
The Court should establish compensation for the expenses
incurred during the electoral campaign, on grounds of equity. As an
example, an estimate is submitted of the total expenditure incurred by a
candidate for mayor (US$46,903.97), a candidate for deputy mayor
(US$12,190.80), a candidate for councilor (US$16,057.05) and a
candidate for substitute councilor (US$11,491.43);
(v)
The Court should establish, on grounds of equity, compensation
for the indigenous communities of the RAAN and the RAAS, for the same
concept; this amount “should be invested by the State” “in infrastructure
or services of a collective interest to the benefit of [these] communities
[…,] by mutual agreement with them and with the YATAMA indigenous
organization”; and
(vi)
In their arguments on costs and expenses, they referred to the
expenses incurred by YATAMA in the electoral campaign in Puerto
Cabezas and Waspam, but they did not request a specific amount for
compensation.
(b)
The Court should establish, on the grounds of equity, the amounts
corresponding to loss of earnings, because the YATAMA candidates had to
abandon their employment or suspend their economic activities to devote
themselves to the political campaign;
(c)
With regard to non-pecuniary damage, they requested the Court to
establish, on the grounds of equity, the compensation that the State should pay
to the YATAMA candidates for the non-pecuniary damage that their exclusion
from politics caused them, and also to the indigenous communities of the
Atlantic Coast. The victims suffered family and social dishonor owing to the
impossibility of “fulfilling the undertaking they had [made] to their
communities.” In addition, they have suffered anguish and family problems
“because they lost their employment and [...] sacrificed their savings.” The
Court should take into “account the damage caused to the life project of the
candidates and establish an amount for non-pecuniary damage,” “because it will
be very difficult for them to stand again as candidates in other elections”; and
(d)
The Court should order the State “to create a special development fund
for the indigenous communities,” and they should be consulted constantly about
its creation and administration.
241.
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