94
237. The Court considers that the “injured parties,” victims of the violations of the
rights embodied in Articles 23, 24 and 25 of the American Convention, all in relation to
Articles 1(1) and 2 thereof, and of Article 8(1), in relation to Article 1(1) thereof, are
the candidates for the positions of mayors, deputy mayors and municipal councilors
proposed by YATAMA for the 2000 municipal elections in the RAAN and the RAAS.
These people will be the beneficiaries of the reparations established by the Court.
238. The Court determined the identity of the candidates proposed by YATAMA in the
RAAN and the RAAS to participate in the municipal elections of November 2000 in
Chapter VIII of this judgment, entitled “Considerations concerning the determination of
alleged victims” (supra paras. 125 to 141).
B)
239.
PECUNIARY AND NON-PECUNIARY DAMAGE
Arguments of the Commission:
(a)
With regard to pecuniary damage, it requested the Court to establish “on
grounds of equity, an amount determining the compensation that corresponds
to the victims for indirect damage and loss of earnings” and, to this end, it
should take into consideration “not only the difficulties caused to the victims by
being prevented from taking part in the municipal elections of November 2000
on the Atlantic Coast[,] but also the effect on their life projects as political
leaders representing their communities, whose possibilities of representing
community interests in local government were frustrated”;
(b)
With regard to non-pecuniary damage, “the type of violations and the
impact on the individuals and the community of the State’s acts and omissions
should be taken into account.” The effects on the indigenous communities
should be taken into consideration; consequently, the Court should order
individual and collective reparations;
(c)
The candidates presented by YATAMA to participate in the 2000
municipal elections on the Atlantic Coast were selected by the communities;
when they were not allowed to take part in this process, “they felt discredited n
the eyes of their communities”;
(d)
The exclusion of the YATAMA candidates from the municipal elections of
November 2000 “also affected the members of the different indigenous people
[...] and demoralized the entire society of the Atlantic Coast”; and
(e)
The State caused “individual non-pecuniary harm with a collective
impact,” which the Court should consider in order to “repair it, adapting the
payment to the principle of equity.” The right of the indigenous electorate to
vote and freely elect candidates that represented their communities was
violated.
240.
Arguments of the representatives of the victims
(a)
With regard to indirect damage:
(i)
Both the candidates of YATAMA for the elections of November
2000 and the communities incurred expenses required to participate in
the elections;
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos