8
28.
That compliance with Judgment as a whole shall be assessed once the pertinent
information on the reparation measures pending fulfillment has been submitted.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of its authority to monitor compliance with its own decisions pursuant to
Articles 33, 62(1), 65, 67, and 68(1) of the American Convention on Human Rights,
25(1) and 30 of its Statute, and 29(2) of its Rules of Procedure,
DECLARES:
1.
That in accordance with the provisions set forth in Considering clause 26 of this
Order, it will keep open the proceeding for monitoring compliance with the following
obligations pending fulfillment in the instant case:
a)
The adoption, within a reasonable time, of such legislative measures as
may be necessary to provide for a simple, prompt, and effective judicial remedy
to review the decisions adopted by the Supreme Electoral Council which may
affect human rights, such as the right to participate in government, in
compliance with the relevant legal and treaty guarantees, and to repeal any
provisions preventing said remedy from being sought (ninth operative paragraph
of Judgment of June 23, 2005);
b)
The amendment to Electoral Act No. 331 of 2000 so that it clearly
regulates the consequences of non-compliance with electoral participation
requirements, the procedures to be followed by the Supreme Electoral Council in
finding such non-compliance, and the reasoned decisions to be adopted by said
Council in that regard, as well as the rights of those whose participation is
affected by a decision of the State (tenth operative paragraph of the Judgment of
June 23, 2005);
c)
The reform of the regulation of those requirements established in Electoral
Act No. 331 of 2000 that were found to be in violation of the American
Convention and the adoption of such measures as may be required for the
members of indigenous and ethnic communities to be able to effectively take part
in election processes in accordance with their values, customs, and traditions
(eleventh operative paragraph of Judgment of June 23, 2005);
d)
Payment of the compensation set for pecuniary and non-pecuniary
damage, which amount is to be paid to the YATAMA organization, which shall
distribute it as appropriate (twelfth operative paragraph of Judgment of June 23,
2005);
e)
Payment of the amount due on account of costs and expenses incurred as
a result of the proceedings started before the domestic courts and the InterAmerican system for the protection of human rights to the YATAMA organization,