Order of the Inter-American Court of Human Rights∗ of August 4, 2008 Case of Yatama v. Nicaragua (Monitoring Compliance with Judgment) HAVING SEEN: 1. The Judgment on the merits, reparations, and costs (hereinafter “the Judgment”) delivered on June 23, 2005 by the Inter-American Court of Human Rights (hereinafter “the Court,” “the Inter-American Court” or “the Tribunal”). 2. The Order handed down by the Court on November 29, 2006, whereby it declared, inter alia: 3. That […] it woul[d] keep open the proceeding for monitoring compliance with the reparation measures pending fulfillment in the instant case, to wit: a) the adoption, within a reasonable time, of such legislative measures as may be necessary to provide for a simple, prompt, and effective judicial remedy to review the decisions adopted by the Supreme Electoral Council that may affect human rights, such as the right to participate in government, in compliance with the relevant legal and treaty guarantees, and to repeal any provisions that prevent said remedy from being sought (ninth operative paragraph of Judgment of June 23, 2005); b) the amendment to Electoral Act No. 331 of 2000, so that it clearly regulates the consequences of non-compliance with electoral participation requirements, the procedures to be followed by the Supreme Electoral Council in finding such non-compliance, and the reasoned decisions to be adopted by said Council in that regard, as well as the rights of those whose participation is affected by a decision of the State (tenth operative paragraph of the Judgment of June 23, 2005); c) the reform of the regulation of those requirements established in Electoral Act No. 331 of 2000 that were found to be in violation of the American Convention and the adoption of such measures as may be required for the members of indigenous and ethnic communities to be able to effectively take part in election processes according to their values, customs, and traditions (eleventh operative paragraph of Judgment of June 23, 2005); d) payment of the compensation set for pecuniary and non-pecuniary damages, which amount is to be paid to the YATAMA organization, which shall distribute it as appropriate (twelfth operative paragraph of Judgment of June 23, 2005); e) payment of the amount due on account of costs and expenses incurred as a result of the proceedings started before the domestic courts and the Inter-American system for the protection of human rights to the YATAMA organization, which shall deliver to CENIDH and CEJIL the portion thereof required to reimburse them for the expenses they incurred (thirteenth operative paragraph of Judgment of June 23, 2005); and f) the duty to publicize via broadcast by a radio station with widespread coverage on the Atlantic Coast certain paragraphs of Chapters VII (Proven Facts), IX and X, and the operative paragraphs of the Judgment, in Spanish, Miskito, Sumo, Rama, and English, at least four times at intervals of two weeks between each broadcast (eighth operative paragraph of the Judgment of June 23, 2005). ∗ Judge Diego García-Sayán informed the Court that due to reasons beyond his control he would not be able to participate in the deliberation and signing of this Order.

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