-6d)
Regarding the creation of a simple, fast and effective judicial remedy to
review any decisions of the Supreme Elections Council that may affect human
rights, and repeal any provisions preventing said remedy from being pursued,
as well as the duty to amend Elections Law No. 331 of 2000, the interested
indigenous peoples and communities should be involved in their formulation. It
requested that the draft amendment bill be made available to the parties, and
that the State report on the mechanism to be implemented to secure the
involvement of the relevant indigenous peoples and communities in the drafting
of the aforementioned elections amendment; and
e)
Regarding the amounts due on account of pecuniary damage, nonpecuniary damage, costs and expenses, it is concerned over the fact that such
obligation is still pending fulfillment and the term prescribed for compliance
therewith has already elapsed.
CONSIDERING:
1.
That monitoring compliance with its decisions is a power inherent in the judicial
functions of the Court.
2.
That Nicaragua has been a State Party to the American Convention since
September 25, 1979, and that it accepted the binding jurisdiction of the Court on
February 12, 1991.
3.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” For such purpose, States are required to guarantee
implementation of the Court’s rulings at the domestic level.1
4.
That, given the final and not-subject-to-appeal nature of the Court’s judgments
as established in Article 67 of the American Convention, said judgments are to be
promptly and fully complied with by the State.
5.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with their
international treaty obligations in good faith (pacta sunt servanda) and, as previously
held by the Court and provided for in Article 27 of the Vienna Convention on the Law of
Treaties of 1969, States cannot invoke their municipal laws to escape their preestablished international responsibility.2 The treaty obligations of States Parties are
binding on all State powers and organs.
6.
That the States Parties to the Convention are required to guarantee compliance
with the provisions thereof and their effects (effet utile) at the domestic law level. This
1
Cf. Case of Bámaca-Velásquez. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of July 4, 2006, Considering clause No. 3; Case of the “Five Pensioners”. Order of the
Inter-American Court of Human Rights of July 4, 2006, Considering clause No. 3; and Case of 19 Tradesmen.
Order of the Inter-American Court of Human Rights of February 2, 2006, Considering clause No. 3.
2
Cf. Case of Bámaca-Velásquez. Monitoring Compliance with Judgment, supra note 1, Considering
clause No. 5; Case of the “Five Pensioners”, supra note 1, Considering clause No. 7; and Case of 19
Tradesmen, supra note 1, Considering clause No. 5.