75
168. The absence of an effective remedy to violations of the rights recognized in the
Convention is itself a violation of the Convention by the State Party.147
169. For the State to comply with the provisions of Article 25 of the Convention, it is
not enough that the recourses exist formally, but they must be effective;148 in other
words, they must provide the individual with the real possibility of filing a remedy in
the terms of this Article. The existence of this guarantee “is one of the basic pillars,
not only of the American Convention, but also of the rule of law itself in a democratic
society, in the terms of the Convention.”149
170. The general obligation that the State should adapt its domestic laws to the
provisions of the Convention to guarantee the rights it embodies, which is established
in Article 2, includes the issuance of rules and the development of practices leading to
effective enforcement of the rights and freedoms embodied in the Convention, and also
the adoption of measures to derogate norms and practices of any kind that entail a
violation of the guarantees established in the Convention.150 This general obligation of
the State Party implies that the measures of domestic law must be effective (the
principle of effet utile), and to this end the State must adapt its actions to the
protection norms of the Convention.151
171. Chapter VI of the Constitution de Nicaragua establishes an Electoral Power that
is independent of the other three branches of government and whose maximum
authority is the Supreme Electoral Council (Article 129). With regard to the resolutions
of this Council concerning electoral matters, the Constitution establishes that ‘there
shall be no ordinary or special recourse” (Article 173(14)), the Amparo Act stipulates
that the application for amparo is inadmissible “against the resolutions issued on
electoral matters” (Article 51(5)), and the Electoral Act establishes that “the petitioner
groups or political parties may have recourse to the amparo procedure before the
courts of justice against the final resolutions concerning political parties issued by the
Supreme Electoral Council in the exercise of the powers that this law confers on it”
(Article 76).
172. On August 30, 2000, Brooklyn Rivera and Centuriano Knight, YATAMA’s legal
representatives filed before the Court of Appeal of the North Atlantic Autonomous
Region (RAAN) (Civil Chamber, Bilwi), an application for administrative amparo (supra
para. 124(55)), based on Article 23 of the Amparo Act in force, against the resolution
147
Cf. Case of the Mayagna (Sumo) Awas Tingni Community, supra note 146, para. 113; Case of
Ivcher Bronstein, supra note 141, para. 136; and Case of the Constitutional Court, supra note 141, para. 89.
148
Cf. Case of Tibi, supra note 135, para. 131; Case of Maritza Urrutia. Judgment of November 27,
2003. Series C No. 103, para. 117; and Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series
C No. 99, para. 121.
149
Cf. Case of the Serrano Cruz Sisters, supra note 10, para. 75; Case of Tibi, supra note 135, para.
131; and Case of the 19 Tradesmen, supra note 5, para. 193.
150
Cf. Case of Caesar, supra note 11, para. 91; Case of Lori Berenson Mejía, supra note 11, para. 219;
Case of the “Juvenile Reeducation Institute”, supra note 135, para. 206; and Juridical Condition and Rights
of the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17, 2003. Series A No. 18, para.
78.
151
Cf. Case of Lori Berenson Mejía, supra note 11, para. 220; Case of the “Juvenile Reeducation
Institute”, supra note 135, para. 205; and Case of Bulacio. Judgment of September 18, 2003. Series C No.
100, para. 142.
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