105
of Chapter VII (Proven Facts), paragraphs 153, 154, 157 to 160, 162, 164, 173, 175,
176, 212, 218, 219, 221, 223, 224, 226 and 227, which correspond to Chapters IX and
X on the violations declared by the Court, and the operative paragraphs of this
judgment, in Spanish, Miskito, Sumo, Rama and English, on at least four occasions,
with an interval of two weeks between each broadcast, in the terms of paragraph 253
of this judgment.
Judge ad hoc Montiel Argüello dissenting.
9.
The State shall adopt, within a reasonable time, the necessary legislative
measures to establish a simple, prompt and effective recourse to contest the decisions
of the Supreme Electoral Council that affect human rights, such as the right to
participate in government, respecting the corresponding treaty-based and legal
guarantees, and derogate the norms that prevent the filing of this recourse, in the
terms of paragraphs 254 and 255 of this judgment.
Judge ad hoc Montiel Argüello dissenting.
10.
The State shall reform Electoral Act No. 331 of 2000, so that it regulates clearly
the consequences of failure to comply with the requirements for electoral participation,
the procedures that the Supreme Electoral Council should observe when determining
such non-compliance, and the reasoned decisions that this Council should adopt in this
regard, as well as the rights of the persons whose participation is affected by a
decision of the State, in the terms of paragraph 258 of this judgment.
Judge ad hoc Montiel Argüello dissenting.
11.
The State shall reform the regulation of the requirements established in
Electoral Act No. 331 of 2000 that, it has been declared, violate the American
Convention on Human Rights and adopt, within a reasonable time, the necessary
measures to ensure that the members of the indigenous and ethnic communities may
participate in the electoral processes effectively and according to their traditions,
practices and customs, in the terms of paragraph 259 of this judgment.
Judge ad hoc Montiel Argüello dissenting.
12.
The State shall pay the amount established in paragraph 248 of this judgment
in compensation for the pecuniary and non-pecuniary damage, and this shall be
delivered to YATAMA, which shall distribute it as appropriate.
Judge ad hoc Montiel Argüello dissenting.
13.
The State shall pay to YATAMA the amount established in paragraph 265 of this
judgment for costs and expenses arising in the domestic sphere and in the
international proceedings before the inter-American system for the protection of
human rights, and YATAMA shall deliver to CENIDH and CEJIL the appropriate part to
compensate the expenses they incurred.
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