93
(a)
“The candidates for the positions of mayors, deputy mayors and
councilors presented by the regional indigenous political party” YATAMA for the
municipal elections of November 2000 in the RAAN and the RAAS, are the
injured parties;
(b)
“The representatives have advised the Court that the final list of victims
is the result of consultations with the leaders and members of YATAMA.” These
consultations “are the most appropriate source for drawing up the final lists,
particularly in the RAAS”; and
(c)
The list of 59 candidates in the RAAN “results from information certified
by the State,” which has appropriate probative value. Regarding the two people
who were substituted in the RAAS, the injured parties “are in a position to
explain why they consider that, although they were substitutes, they are also
[alleged] victims.”
235.
Arguments of the representatives of the victims
(a)
The “candidates presented by the YATAMA indigenous organization” who
were excluded from the municipal elections of November 5, 2000, have the
right to reparation;
(b)
The State “has violated the political rights of the indigenous communities
of the Atlantic Coast” and, consequently the reparations should include the
members of these communities who were prevented from voting for the
candidates they had previously selected, and being represented by them;
(c)
On several occasions, they requested the Supreme Electoral Council to
“provide them with copies of the official lists of candidates.” The State “refused
to provide the list of candidates presented by YATAMA in the […] RAAS”;
(d)
The list for the RAAS “includes more than one candidate for each elected
office[, because ...] they were unable to obtain the official lists of candidates.”
“These inconsistencies [...] can be clarified when the State presents the official
lists”; and
(e)
In cases in which the alleged victims are not individualized and the
Court is unable to establish any compensation for them, the Court has
established reparations for all the members of the indigenous communities
affected by the facts of a case.
236.
Arguments of the State
The State argued that “it does not recognize victims or alleged victims” and, with
regard to the fact that “it has not provided facilities for knowing exactly who the
alleged victims are [and] for obtaining the official lists, [it indicated that,] in Nicaragua,
Article 921 of the Code of Civil Procedure establishes the legal procedures [for]
obtaining the exhibition of documents or movables.”
Considerations of the Court
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