62
represent the RAAS and the RAAN in the National Assembly and they belong to
traditional parties.129
CONCERNING THE REFORM OF THE NICARAGUAN ELECTORAL SYSTEM
124(75) On November 8, 2002, in judgment No. 103, the Supreme Court of Justice
of Nicaragua declared the unconstitutionality of “paragraphs 1 and 2 of Article 65(9) of
[Electoral] Act No. 331 […] concerning the presentation of 3% of signatures for a
political party to obtain legal status[, ... and also] Article 77(7) of this Act, concerning
the presentation of 3% of the voters’ signatures for the presentation of candidates.”130
The Supreme Court of Justice based its decision on the fact that “there were political
parties that, for one reason or another, were unable to obtain the number of
signatures required, [... so that] they were unable to acquire legal status and were
excluded as electoral options in future campaigns, which violates the political rights of
the Nicaraguans [... and] constitutes an interference with and an impairment of
individual rights, by establishing a provision in the Electoral Act that obliges voters to
manifest their partisan ideological preferences through a process of identification of
signatures in support of a party,” which “constitutes an undue and abhorrent
interference in the political activity of the voters, typical of totalitarian countries.”131
124(76) In the National Development Plan of the Executive Branch of Nicaragua, the
President of the Republic proposed institutional reforms to the Nicaraguan electoral
system; the central issues related to the “electoral organ and its characteristics[, the]
legal grounds or how to improve the rules of play[, and t]he desirable characteristics of
an electoral system.”132
CONCERNING COSTS AND EXPENSES
124(77) YATAMA’s legal representatives took steps to achieve the participation of
their candidates in the elections of November 5, 2000, and they have also taken part
in the measures taken before the electoral and judicial authorities in the domestic
proceedings. The YATAMA party, CENIDH and CEJIL have incurred expenses arising
from resorting to the Inter-American system for the protection of human rights.133
129
Cf. sworn written statement by Centuriano Knight Andrews made before notary public (affidavit) on
February 14, 2005 (file of preliminary objections, merits and reparations, tome III, folio 897).
130
Cf. judgment No. 103 of November 8, 2002, delivered by the Supreme Court of Justice of Nicaragua
(file of appendixes to the application, tome I, appendix 6, folio 425).
131
Cf. judgment No. 103 of November 8, 2002, delivered by the Supreme Court of Justice of Nicaragua
(file of appendixes to the application, tome I, appendix 6, folio 425).
132
Cf. Draft National Development Plan of the Executive Branch of Nicaragua (appendixes to the brief
with preliminary objections, answering the application and with comments on the brief with requests and
arguments, appendix X, file of preliminary objections, merits and reparations, tome II, folio 347).
133
Cf. notarized testimonies of powers of attorney before the Inter-American Commission and Court
granted by 34 alleged victims in favor of CENIDH and CEJIL lawyers (file of appendixes to the application,
tome II, appendix 24); powers of attorney before the Inter-American Commission and Court granted by 25
persons in favor of CENIDH and CEJIL lawyers (file of appendixes to the application, tome II, appendix 24);
notarized testimony of power of attorney before the Inter-American Commission and Court granted by 7
alleged victims in favor of CENIDH and CEJIL lawyers (file of preliminary objections, merits and reparations,
tome III, appendix to the representative’s brief of February 17, 2005, folios 780-783); notarized testimonies
of powers of attorney before the Inter-American Commission and Court granted by 79 alleged victims in
favor of CENIDH and CEJIL lawyers (file of preliminary objections, merits and reparations, tome III, appendix
I to the representative’s brief with final arguments of April 11, 2005, folios 1484-1614); invoices and
receipts submitted in support of the expenses incurred by YATAMA, CENIDH and CEJIL (file of preliminary
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