ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF AUGUST 22, 2013
CASE OF YATAMA v. NICARAGUA
MONITORING COMPLIANCE WITH THE JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations and costs (hereinafter
“the Judgment”) delivered by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court,” “the Court,” or “this Court”) on June 23, 2005. In the foregoing
Judgment, it was established that the candidates proposed by the indigenous regional
political party, Yapti Tasba Masraka Nanih Asla Takanka (hereinafter “YATAMA”), were
excluded from participating in the municipal elections held in 2000 as a result of several
decisions issued by the Supreme Electoral Council that were not duly substantiated, nor
were they adapted to the parameters set forth in Article 8(1) of the American Convention
on Human Rights (hereinafter “the Convention” or “the American Convention”), as well as
due to the provisions of the Electoral Act No. 331 of 2000, which established an undue
restriction to the exercise of the right to be elected and regulated these provisions in a
discriminatory manner. The Court further determined that there was no judicial remedy
against one of the resolutions of the Supreme Electoral Council. Consequently, the State
was found responsible for the violation of Article 8(1) of the American Convention, in
relation to Article 1(1) of that same treaty, as well as Articles 23, 24, and 25(1) of the
Convention, in connection with Articles 1(1) and 2 thereof, to the detriment of the
aforementioned persons.
2.
The Orders of the Court of November 29, 2006; August 4, 2008; and, May 28, 2010.
In the latter, the Tribunal declared, inter alia:
1.
That [...] the State has partially complied with the following operative paragraphs of the
Judgment:
a)
To pay compensation for pecuniary and non-pecuniary damages to the YATAMA
organization. YATAMA must then distribute the compensation as appropriate (Operative
Paragraph 12 of the Judgment[...] );
b)
To pay the amounts awarded as costs and expenses incurred domestically and
in international proceedings before the inter-American Human Rights Protection System
to YATAMA, which will in turn pay the appropriate compensation to CENIDH and CEJIL
for the expenses they covered (Operative Paragraph 13 of the Judgment[...] ).
2.
To maintain open the process of supervision of compliance with the points pending
fulfillment signaled in the previous Operative Paragraph, as well as of the following, namely:
a)
To adopt, within a reasonable period, the legislative measures necessary to
establish a simple, quick and effective judicial recourse that allows the decisions of the
Supreme Electoral Board regarding human rights, such as political rights, to be
controlled in observance of the respective legal and conventional guarantees, and to
repeal those laws that impede the implementation of this recourse (Operative Paragraph
9 of the Judgment[...]);
b)
To reform the Electoral Law No. 331 of 2000 so that it clearly regulates the
consequences of not fulfilling the requisites of electoral participation, the procedures that