15 73. In view of the above, the Court rejects the second preliminary objection. * * * THIRD PRELIMINARY OBJECTION “Illegitimacy of the representatives” 74. Arguments of the State: (a) The provisions of Article 23(1) and 23(2) of the Rules of Procedure of the Court, concerning the participation of the alleged victims have not been complied with. In the communication of August 13, 2003 addressed to the Secretary of the Court by Brooklyn Rivera, “the latter acknowledges that he has not attached the powers of attorney in favor of CEJIL and CENIDH[,]”; (b) “On page seven of the Expansion of the Application, the signatories, members of CEJIL and CENIDH, acknowledge the illegitimacy of their representation” when they ask the Court “to request the State to submit the official lists and allow [them] to present the powers of attorney of each of the victims, when they have seen the official final list of candidates presented by YATAMA in the RAAN and the RAAS for the 2000 municipal elections”; (c) The powers granted to CENIDH and CEJIL by the alleged victims contain “evident violations of the Nicaraguan Notarial Act in force (art. 23(3) […]”; (d) “[I]t is one thing to have presented 64 powers of attorney, flawed or correct, which [the Court] is empowered to accept as valid or to reject, and quite another not to have presented powers of attorney, which constitutes absolute lack of representation, and this is the point the State of Nicaragua is raising in [this] objection.” (e) The representatives of the alleged victims “have not specified, much less, the alleged circumstances that explain why they were unabe to obtain the powers of attorney”; and (f) “With regard to the State of Nicaragua failing to provide assistance to enable them to know exactly who the alleged victims are by facilitating the official lists, in Nicaragua, Article 921 of the Code of Civil Procedure establishes the legal procedures for obtaining documents or movables.” 75. Arguments of the Commission The Inter-American Commission asked the Court to “reject summarily” this preliminary objection because it was “unfounded and time-barred,” and argued that: (a) The Inter-American Court has established that the proceedings before an international human rights tribunal are not subject to the formalities of domestic laws; (b) The State’s allegations that the powers of attorney granted to CEJIL and CENIDH violate the Nicaraguan Notarial Act “are not admissible before an international human rights court, since the Nicaraguan State knows who

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