-10assess full compliance with this measure, it is necessary for the State to prove
compliance with the radio broadcasts, so that the name of the broadcasting radio
station and the dates and languages of the broadcasts can be identified.
3.
That, in accordance with Considering clauses No. 10 and 11 of this Order, it will
keep open the proceeding for monitoring compliance with the points pending
compliance in the instant case, namely:
a)
The adoption, within a reasonable time period, of such legislative
measures as may be required to provide for a simple, fast and effective judicial
remedy to review any decisions of the Supreme Elections Council that may
affect human rights, such as the right to participate in government, in
compliance with the relevant legal and treaty guarantees, and the revocation of
any provisions preventing said remedy from being pursued (ninth operative
paragraph of the Judgment of June 23, 2005);
b)
The amendment of Elections Law No. 331 of 2000, so that it will clearly
regulate the consequences of non-compliance with electoral participation
requirements, the procedures to be followed by the Supreme Elections Council
for a finding of non-compliance, and the reasoned decisions to be adopted by
the Council in that regard, as well as the rights of those whose participation is
impaired by a decision of the State (tenth operative paragraph of the Judgment
of June 23, 2005);
c)
The amendment of the regulation of those requirements laid down in
Elections Law No. 331 of 2000 that were found to be in violation of the
American Convention, and the adoption of such measures as may be required
for members of indigenous and ethnic communities to be able to effectively
take part in election processes, with due regard to their traditions, uses and
customs (eleventh operative paragraph of the Judgment of June 23, 2005).
d)
Payment of the compensation set for pecuniary and non-pecuniary
damage, which amount is to be paid to the YATAMA organization, to be
thereupon distributed by the latter as appropriate (twelfth operative paragraph
of the Judgment of June 23, 2005);
e)
Payment of the amount due on account of costs and expenses incurred
domestically and internationally before the Inter-American system for the
protection of human rights, to the YATAMA organization, which shall
subsequently deliver to CENIDH and CEJIL such portion thereof as may be
required to reimburse the latter for any expenses defrayed by them (thirteenth
operative paragraph of the Judgment of June 23, 2005); and
f)
The publication, via broadcast by a radio station with a large coverage
area in the Atlantic Coast, of the required paragraphs of section VII (Proven
Facts) and of sections IX and X and the operative paragraphs of the Judgment
in Spanish, Miskito, Sumo, Rama and English, at least four times at intervals of
two weeks (eighth operative paragraph of the Judgment of June 23, 2005).
AND DECIDES:
1.
To call upon the State to adopt such measures as may be necessary to
promptly and effectively comply with the pending aspects ordered by the Court in the