ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF NOVEMBER 29, 2006
CASE OF YATAMA V. NICARAGUA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations and costs
(hereinafter “the Judgment”) delivered by the Inter-American Court of Human Rights
(hereinafter “the Court” or “the Inter-American Court”) on June 23, 2005, in which it:
DECID[ED]:
Unanimously, to
1.
Reject the five preliminary objections raised by the State, pursuant to paragraphs
63 to 67, 71 to 73, 82 to 96 and 100 to 103 of the […] Judgment.
DECLAR[ED]:
By a seven-to-one vote, that
2.
The State violated the right to a fair trial embodied in Article 8(1) of the American
Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of the
candidates proposed by YATAMA for the 2000 municipal elections, as established in
paragraphs 147 to 164 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
3.
The State violated the right to judicial protection embodied in Article 25(1) of the
American Convention on Human Rights, in relation to Articles 1(1) and 2 thereof, to the
detriment of the candidates proposed by YATAMA for the 2000 municipal elections, as
established in paragraphs 165 to 176 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
4.
The State violated the right to participate in government and the right to equal
protection provided for in Articles 23 and 24 of the American Convention on Human Rights,
in relation to Articles 1(1) and 2 thereof, to the detriment of the candidates proposed by
YATAMA to participate in the 2000 municipal elections, in the terms of paragraphs 201 to
229 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
5.
[The] Judgment constitutes per se a form of reparation, as established in its
paragraph 260.
Ad hoc Judge Montiel-Agüero dissen[ted].
AND DECIDE[D]:
*
Judge Oliver Jackman did not take part in the deliberations on and signing of this Order as he
advised the Court that, for reasons beyond his control, he would be unable to be present at the Seventythird Regular Session of the Court.