21
name the party to whom the power of attorney is granted and, finally, specify the purpose
of the representation. In the opinion of this Court, instruments that meet these
requirements are valid and take full effect upon presentation to the Court.8
95.
The powers of attorney granted by most of the alleged victims to CENIDH and
CEJIL indicate clearly the personal information of those granting the powers of
attorney, the information about those being granted the power of attorney, its
purpose, and the willingness of the former to be represented by officials of these
organizations. Consequently, the Court finds that the powers of attorney are valid and
effective in the proceeding before this Court. Moreover, the fact that some of the
alleged victims have not granted a power of attorney does not result in the Court
abstaining from hearing the case, because this would entail an un constraint (supra
paras. 82 to 92).
96.
Consequently, the Court rejects the third preliminary objection.
*
*
*
FIFTH PRELIMINARY OBJECTION
“Obscurity of the application and its expansion”
97.
Arguments of the State:
(a)
“If the persons on behalf of whom the Commission and the
organizations cited in its expansion lodged the application failed to comply with
the regulations of the Electoral Act and, consequently, did not [...] participate in
the election process for mayors, deputy mayors and councilors, this in no way
represents a violation of their political rights”;
(b)
The electoral organizations are empowered to determine whether the
YATAMA party complied or not with the requirements set forth in the
Nicaraguan Electoral Act to take part in the municipal elections of November 5,
2000. In Nicaragua, the Supreme Electoral Council is the maximum authority in
electoral matters and the final instance in this regard. “[T]he electoral laws
grant the Council a jurisdictional function […] and, based on this, it took a
decision as a judicial body of final instance, under the Constitution in force”;
(c)
The application is obscure because it is not clear what exactly is being
claimed. In the part setting forth the legal claims, the Commission requests the
Court to declare that Nicaragua should reform its domestic laws to facilitate the
political participation of the indigenous organizations in the different electoral
processes in the Atlantic Coast Autonomous Region of Nicaragua, in accordance
with the customary law, values, practices and customs of the indigenous people
who live there. “No grounds are given for that petition”; and
(d)
The position of the Commission and the representatives “seeks an
abstract revision of the compatibility of domestic law with the American
Convention”.
8
Cf. Case of Castillo Páez. Reparations, supra note 7, paras. 65 and 66; and Case of Loayza Tamayo.
Reparations, supra note 7, paras. 98 and 99.