4
17.
On November 14, 2003, the Wisconsin Coordinating Council on Nicaragua, of
Wisconsin (United States), submitted an amicus curiae brief to the Court.
18.
On December 17, 2003, the State submitted a brief filing preliminary
objections, answering the application and with comments on the brief with requests
and arguments with documentary evidence attached, and offered expert evidence
19.
On February 3, 2004, the representatives presented their written arguments on
the preliminary objections filed by the State.
20.
On February 11, 2004, the Commission forwarded its written arguments on the
preliminary objections filed by the State.
21.
On February 27, 2004, the State remitted a brief with its considerations on the
comments that the representatives and the Commission had made on the preliminary
objections, and attached various documents.
22.
On May 12, 2004, on the instructions of the President, the Secretariat informed
the State that it had decided not to accept the said brief, because it constituted a
procedural measure that was not envisaged in the Court’s Rules of Procedure, and
that, when delivering the corresponding judgment, the Court would decide on the
admissibility of incorporating as supervening documentary evidence the three
documents submitted by the State as attachments to the brief of February 27, 2004.
In addition, on the instructions of the President, the Secretariat requested the State to
forward the final official list of candidates for mayors, deputy mayors and councilors
presented by the YATAMA political party in the RAAN and by the Coastal People Party
Alliance (PPC) and YATAMA in the RAAS for the municipal elections of November 2000.
23.
On August 4, 2004, the State presented an official communication from the
Director General for Electoral Logistics and Organization of the Supreme Electoral
Council advising that “the YATAMA political organization did not even attend the official
act when the candidates were presented, and the Supreme Electoral Council has not
made any assessment of whether it complies with the requirements of the Electoral
Law, since, previously, this Organization had not complied with the requirements to
present the 3% supporting signatures, and to have been established six months before
the elections, in accordance with the law.” The State’s agent indicated that, in this
“way, the request of the Inter-American Court of Human Rights in its communication of
May 12, 2004, had been complied with” (supra para. 22).
24.
On December 9, 2004, on the instructions of all the judges of the Court, the
Secretariat requested the State to collaborate by forwarding the said final list of
candidates (supra paras. 22 and 23), irrespective of the fact that the YATAMA party
not had taken part in the said election because it was considered that it had not
complied with the legal requirements and some of the proposed candidates had not
been registered.
25.
On January 14 and 17, 2005, on the instructions of the President, the
Secretariat requested the representatives and the State, respectively, to forward, by
January 24, 2005, at the latest, any comments they deemed pertinent concerning the
Commission’s request in the application that the Court incorporate the expert evidence
from the Mayagna (Sumo) Awas Tingni Community case, and “order that the