-2-
By a seven-to-one vote, that:
6.
Within a term of one year, the State is required to publish in the Official Gazette
and another large nation-wide circulation newspaper, section VII (Proven Facts),
paragraphs 153, 154, 157 to 160, 162, 164, 173, 175, 176, 212, 218, 219, 221, 223, 224,
226 and 227, from sections IX and X on the violations found by the Court, and the
operative paragraphs of the […] Judgment at least once, as spelled out in paragraph 252
[t]hereof.
Ad hoc Judge Montiel-Agüero dissen[ted].
7.
Within a term of one year, the State is to publish the full text of the […] Judgment
on the State’s official web page, as spelled out in paragraph 252 [t]hereof. Ad hoc Judge
Montiel-Agüero dissen[ted].
8.
Within a term of one year, the State is required to publicize, via broadcast by a
radio station with a large coverage area in the Atlantic Coast, paragraphs 124(11),
124(20), 124(28), 124(31), 124(32), 124(39), 124(40), 124(46), 124(51), 124(62),
124(68), 124(70) and 124(71) of section VII (Proven Facts), paragraphs 153, 154, 157 to
160, 162, 164, 173, 175, 176, 212, 218, 219, 221, 223, 224, 226 and 227 from Sections
IX and X, concerning the violations found by the Court, and the operative paragraphs of
the [...] Judgment, in Spanish, Miskito, Sumo, Rama and English, at least four times at
intervals of two weeks, as spelled out in paragraph 253 of the [...] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
9.
Within a reasonable time period, the State is to adopt such legislative measures
as may be required to provide for a simple, fast and effective judicial remedy to review any
decisions of the Supreme Elections Council that may affect human rights, such as the right
to participate in government, in compliance with the relevant legal and treaty guarantees,
and repeal any provisions preventing said remedy from being pursued, as spelled out in
paragraphs 254 and 255 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
10.
The State is to amend Elections Law No. 331 of 2000 in order that said Law will
clearly regulate the consequences of non-compliance with the electoral participation
requirements, the procedures to be followed by the Supreme Elections Council in declaring
such non-compliance with the requirements set, and the reasoned decisions the Council is
required to deliver on the matter, as well as the rights of those whose participation is
impaired by a decision of the State, as established in paragraph 258 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
11.
The State is to amend the regulation of those requirements laid down in Elections
Law No. 331 of 2000 that were found to be in violation of the American Convention on
Human Rights and, within a reasonable term, it shall take such measures as may be
required for members of indigenous and ethnic communities to be able to effectively take
part in election processes, with due regard to their traditions, uses and customs, as spelled
out in paragraph 259 of the […] Judgment.
Ad hoc Judge Montiel-Agüero dissen[ted].
12.
The State is required to pay, as compensation for pecuniary and non-pecuniary
damage, the amount set forth in paragraph 248 of the [...] Judgment, which amount shall
be paid to the YATAMA organization, to be thereupon distributed by the latter as
appropriate.
Ad hoc Judge Montiel-Agüero dissen[ted].
13.
The State is required to pay, as costs and expenses incurred domestically and
internationally before the Inter-American system for the protection of human rights, the
amount set forth in paragraph 265 of the [...] Judgment to the YATAMA organization,
which shall subsequently deliver to CENIDH and CEJIL such portion thereof as may be
required to reimburse the latter for any expenses defrayed by them.
Ad hoc Judge Montiel-Agüero dissen[ted].
14.
Within a term of one year as from the date of notice of the [...] Judgment, the
State is required to pay the amounts due as non-pecuniary and pecuniary damage and