Order of the
Inter-American Court of Human Rights∗
of August 4, 2008
Case of Yatama v. Nicaragua
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits, reparations, and costs (hereinafter “the Judgment”)
delivered on June 23, 2005 by the Inter-American Court of Human Rights (hereinafter
“the Court,” “the Inter-American Court” or “the Tribunal”).
2.
The Order handed down by the Court on November 29, 2006, whereby it
declared, inter alia:
3.
That […] it woul[d] keep open the proceeding for monitoring compliance with the reparation
measures pending fulfillment in the instant case, to wit:
a)
the adoption, within a reasonable time, of such legislative measures as may be necessary to
provide for a simple, prompt, and effective judicial remedy to review the decisions adopted by the
Supreme Electoral Council that may affect human rights, such as the right to participate in
government, in compliance with the relevant legal and treaty guarantees, and to repeal any
provisions that prevent said remedy from being sought (ninth operative paragraph of Judgment of
June 23, 2005);
b)
the amendment to Electoral Act No. 331 of 2000, so that it clearly regulates the
consequences of non-compliance with electoral participation requirements, the procedures to be
followed by the Supreme Electoral Council in finding such non-compliance, and the reasoned decisions
to be adopted by said Council in that regard, as well as the rights of those whose participation is
affected by a decision of the State (tenth operative paragraph of the Judgment of June 23, 2005);
c)
the reform of the regulation of those requirements established in Electoral Act 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 the members of indigenous and ethnic communities to be able to
effectively take part in election processes according to their values, customs, and traditions (eleventh
operative paragraph of Judgment of June 23, 2005);
d)
payment of the compensation set for pecuniary and non-pecuniary damages, which amount
is to be paid to the YATAMA organization, which shall distribute it as appropriate (twelfth operative
paragraph of Judgment of June 23, 2005);
e)
payment of the amount due on account of costs and expenses incurred as a result of the
proceedings started before the domestic courts and the Inter-American system for the protection of
human rights to the YATAMA organization, which shall deliver to CENIDH and CEJIL the portion
thereof required to reimburse them for the expenses they incurred (thirteenth operative paragraph of
Judgment of June 23, 2005); and
f)
the duty to publicize via broadcast by a radio station with widespread coverage on the
Atlantic Coast certain paragraphs of Chapters VII (Proven Facts), 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 between each broadcast (eighth operative paragraph of the Judgment of June
23, 2005).
∗
Judge Diego García-Sayán informed the Court that due to reasons beyond his control he would not be
able to participate in the deliberation and signing of this Order.