c)
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 must be observed by the Supreme Electoral Board to determine such noncompliance, and the decisions that must be taken by the Board in this regard, as well
as the rights of those persons whose participation is affected by a State ruling
(Operative Paragraph 10 of the Judgment);
d)
reform the regulation of the requirements provided for in Electoral Law No.
331 of 2000 that were declared to be in violation of the American Convention and to
adopt the necessary measures so that members of the indigenous and ethnic
communities can participate in electoral processes in an effective manner, taking into
account their traditions, uses, and customs (Operative Paragraph 11 of the
Judgment);
e)
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); and,
f)
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).
AND DECIDES TO:
3.
Continue monitoring the operative paragraphs still pending compliance of the
Judgment on preliminary objections, merits, reparations and costs delivered by this Court on
June 23, 2005.
4.
Require the Republic of Nicaragua to submit to the Inter-American Court of Human
Rights, by no later than November 25, 2013, a report indicating all of the measures adopted
to comply with the reparations ordered by this Court that are still pending fulfillment, in
accordance with the terms of Having Seen clause 2 and Considering clauses 6 and 19, as
well as in the second Operative Paragraph, of the present Order.
5.
Request the representatives of the victims and the Inter-American Commission on
Human Rights to present observations on the report of the State referred to in the
preceding Operative Paragraph, within four and six weeks, respectively, from the date of
receipt of such report.
6.
Convene the Republic of Nicaragua, the Inter-American Commission on Human
Rights, and the representatives of the victims to a public hearing to be held during the
course of the following year, for the purpose of obtaining information from the State on
compliance with the measures of reparation ordered in the Judgment on preliminary
objections, merits, reparations and costs delivered in the case at hand that are still pending,
and to listen to the respective observations of the Inter-American Commission and the
representatives of the victims.
7.
Request that the Secretariat of the Inter-American Court of Human Rights provide
notification of the present Order to the Republic of Nicaragua, the Inter-American
Commission on Human Rights, and the representatives of the victims.
10