13
facts described by the Commission occurred after Nicaragua had accepted the Court’s
jurisdiction.
65.
It is for the Court to determine what happened in this case. To this end, it will
examine the evidence that has been gathered and the statements of the parties. Based
on the facts that it decides have been proved, the Court will rule on the existence of
the alleged violations.
66.
When deciding on the merits of this case, the Court will bear in mind the State’s
arguments with regard to the first and fourth preliminary objections, since they involve
arguments that contest the existence of the alleged violations.
67.
Based on the above, the Court rejects the first and fourth preliminary objections
because they do not involve genuine objections.
*
*
*
SECOND PRELIMINARY OBJECTION
“Absence of the admissibility requirements established in Article 46 of the American
Convention on Human Rights”
68.
Arguments of the State:
(a)
“[I]n the instant case, the situations described in subparagraphs (a), (b)
and (c) of paragraph (2) of […] Article [46 of the American Convention] do not
exist. Therefore, the application and its expansion should not have been
admitted.” The Court does not have jurisdiction to hear this case, according to
Article 61(2) of the Convention;
(b)
“Due process of law for the protection of the right or rights that it is
alleged have been violated [was] in force, because the plaintiffs exhausted
domestic recourses under the Constitution and the Electoral Act.” The State also
referred to the powers that the Electoral Act grants to the Departmental (CED),
Regional (CER) and Municipal (CEM) Electoral Councils. The domestic laws that
regulate the exercise of political rights should be adapted to the parameters of
the American Convention “to the extent allowed by the Constitution”;
(c)
“The Commission itself admitted that the existing recourses had been
exhausted;
(d)
“The powers that Articles 46 and 47 of the Convention […] grant to the
Inter-American Commission […] allow it to determine whether the petition of an
alleged victim is admissible.” Nevertheless, that decision only binds the alleged
victim and the Commission, but it does not bind the Court or the defendant
State”; and
(e)
“The right of the State to contest the application by alleging that it is not
admissible was exercised at the opportune moment before the Inter-American
Court, by means of the preliminary objections”.
69.
Arguments of the Commission