100
254. Taking into account the declaration in this judgment concerning the violation of
Article 25(1) of the Convention, in relation to Articles 1(1) and 2 thereof, the State
must adopt, within a reasonable time, the necessary legislative measures to establish
a simple, prompt and effective judicial recourse that allow the decisions of the
Supreme Electoral Council, which affect human rights, such as political rights, to be
contested, respecting the corresponding treaty-based and legal guarantees, and must
derogate the norms that prevent the filing of this recourse.
255. This recourse must be simple and prompt, bearing in mind the need for a
prompt decision within the electoral calendar (supra paras. 150 and 175).
c)
Reforms to Electoral Act No. 331 of 2000, and other measures
256. The Court notes the State’s acknowledgement during the public hearing of the
need to reform Electoral Act No. 331 of 2000, and its willingness to receive assistance
to this end (supra para. 210). This attitude could constitute a positive element for
compliance with the obligations established in this judgment.
257. With regard to the State’s allegations that the reform “would require finding
60% of the votes,” that elections would be held in November 2006 and that, since “an
electoral process [was underway,] it was difficult to change the rules of the game,” the
Court recalls that States may not invoke provisions of domestic law to justify noncompliance with international obligations.187
258. To comply with the requirements of the principle of legality in this matter
(supra para. 212), the State must reform Electoral Act No. 331 of 2000, so that it
regulates clearly the consequences of non-compliance with the requirements for
electoral participation, the procedures that the Supreme Electoral Council should
observe when determining such non-compliance, and the reasoned decisions that this
Council should adopt in this regard, as well as the rights of those whose participation is
affected by a decision of the State.
259. The State must reform the regulation of the requirements established in
Electoral Act No. 331 of 2000 that, it has been declared, violate the Convention (supra
paras. 214, 218 to 221 and 223) and adopt, within a reasonable time, the necessary
measures to ensure that the members of the indigenous and ethnic communities may
participate in the electoral processes effectively and taking into account their
traditions, practices and customs, within the framework of a democratic society. The
requirements established should permit and encourage the members of these
communities to have adequate representation that allows them to intervene in
decision-making processes on national issues that concern society as a whole, and on
specific matters that pertain to these communities; therefore, these requirements
should not constitute barriers for such political participation.
260. Finally, the Court finds that this judgment constitutes, per se, a form of
reparation.188
187
Cf. Case of Caesar, supra note 11, para. 133; Case of Ricardo Canese, supra note 5, para. 148;
Case of Baena Ricardo et al. Competence, supra note 5, para. 61; and Juridical Condition and Rights of the
Undocumented Migrants, supra note 150, para. 165.
188
Cf. Case of Caesar, supra note 11, para. 126; Case of Huilca Tecse, supra note 178, para. 97; and
Case of the Serrano Cruz Sisters, supra note 10, paras. 157 and 201.
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