ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JUNE 30, 2011
CASE OF YATAMA v. NICARAGUA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on Preliminary Objections, Merits, Reparations and Costs (hereinafter
"the Judgment") passed by the Inter-American Court of Human Rights (hereinafter "the
Court," "the Inter-American Court" or "the Tribunal") on June 23, 2005.
2.
The Orders of the Court of November 29, 2006; August 4, 2008; and, May 28, 2010.
In the latter, inter alia, the Tribunal declared:
1.
[...] The State has partially complied with the following operative paragraphs of the
Judgment:
a)
To 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[...] );
b)
To 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[...] ).
2.
The Court shall keep the monitoring process open for the outstanding points indicated in
the previous declarative point, as well as the monitoring process for the following:
a)
To adopt, within a reasonable period, the legislative measures necessary to
establish a simple, quick and effective judicial recourse that allows the decisions of the
Supreme Electoral Board regarding human rights, such as political rights, to be
controlled in observance of the respective legal and conventional guarantees, and to
repeal those laws that impede the implementation of this recourse (Operative Paragraph
9 of the Judgment[...]);
b)
To 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 non-compliance,
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[...]);
c)
To 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[...]);
d)
To publicize via a radio station with widespread coverage on the Atlantic Coast
the paragraphs indicated in Chapter VII (Proven Facts), Chapters IX and X, and the
Operative Paragraphs of the Judgment (Operative Paragraph 8 of the Judgment[...]).
[And ruled:]