-8and 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). The State reported that the required broadcasts were
made by several radio stations in the independent Atlantic regions in June 2006, and
that the relevant portions of the Judgment are being translated into Rama so that they
may be broadcast in said language. Moreover, the representatives stated that they had
only verified that “a portion of the Judgment was broadcast in Puerto Cabezas by Radio
Caribe, both in Miskito and English.” It is the Court’s view that, in order for it to assess
full compliance with this measure, it is necessary for the State to prove compliance
with the radio broadcast obligations, so that the name of the broadcasting radio station
and the dates and languages of the broadcasts can be identified.
11.
That it is the Court’s view that it is essential for the State to provide it with upto-date information on the following aspects, compliance with which is still pending:
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 repeal any
provisions preventing said remedy from being pursued (ninth operative
paragraph of the Judgment of June 23, 2005). Nicaragua’s statements that it
has prepared a draft bill for the amendment of Elections Law No. 331 of 2000
have been duly noted by the Court. In this regard, the Court finds it necessary
for the State to submit up-to-date information on any progress made in
connection with any domestic legislative steps taken to comply with this
measure of reparation;
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 such findings 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). Nicaragua’s statements that it has prepared a
draft bill for the amendment of Elections Law No. 331 of 2000 have been duly
noted by the Court. In this regard, the Court finds it necessary for the State to
submit up-to-date information on any progress made in connection with any
domestic legislative steps taken to comply with this measure of reparation;
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).
Nicaragua’s statements that it has prepared a draft bill for the amendment of
Elections Law No. 331 of 2000 have been duly noted by the Court. In this
regard, the Court finds it necessary for the State to submit up-to-date
information on any steps taken domestically to comply with this measure of
reparation, including any progress made in connection with any legislative or
other measures adopted in relation thereto;