70
(i)
The State left the alleged victims in this case defenseless and violated
their right to a “prompt and effective recourse” by failing to provide for a means
of “contesting the resolutions of the Supreme Electoral Council.”
144.
Arguments of the State
(a)
In the case of YATAMA, the “procedure [established in the Electoral Act]
was not applicable, because it was not rejecting one candidate in particular; it
was not denying a request for registration of candidates, but rather the YATAMA
political party did not comply with the requirements for the presentation of
candidates, according to title VI of the Electoral Act”;
(b)
YATAMA did not comply with the provisions of Article 77 of the Electoral
Act, because it requested that the candidates presented by the political alliance
be registered on its behalf, and this request should have been submitted to the
Supreme Electoral Council;
(c)
The Supreme Electoral Council decided that “of the political parties that
presented voters’ signatures, in accordance with Article 77 [of the] Electoral
Act, only those presented by the Constitutionalist Liberal Party (PLC) and the
Conservative Party (PC) amounted to the 3% referred to in the said Article”;
(d)
“Owing to the dissolution of the political alliance it had formed, the
YATAMA political party did not comply with Article 82(2) of the Electoral Act,
which requires that, for the municipal elections, candidates must be registered
in at least 80% of the municipalities”;
(e)
The resolution issued by the Supreme Electoral Council on August 15,
2000, “is of a strictly electoral content and matter” and “there is no ordinary or
special recourse” against this type of decision (Articles 173 of the Constitution,
1 of the Electoral Act, and 51(5) of the Amparo Act). The Supreme Court of
Justice of Nicaragua has stated that there is no recourse against resolutions of
the Supreme Electoral Council on electoral matters;
(f)
The YATAMA party based its application for amparo on Article 76 of the
Electoral Act, which stipulates that this recourse is admissible before the courts
of justice against resolutions that the Supreme Electoral Council issues with
regard to political parties. However, the resolution issued on August 15, 2000,
by the Supreme Electoral Council, is strictly electoral in nature and does not
refer to political parties. Matters relating to political parties are regulated in
“paragraphs 17, 18 and 19” of Article 10 of the Electoral Act; and
(g)
The representatives indicated that the procedure established in “Article
37 and ff.” was not followed, but they did not say that Article 51(5) of the
Amparo Act declares that this recourse is inadmissible against resolutions of the
Supreme Electoral Council on electoral matters.
Considerations of the Court
145.
Article 8(1) of the Convention indicates that:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by
a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the
determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
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