The State of Nicaragua summoned by the Inter-American Court of Human Rights for breach of sentence

The State of Nicaragua has been summoned by the Inter-American Court of Human Rights for failing to execute the June 2005 sentence in which the State was convicted and ordered to make legislative reforms that would make the current electoral system adapted to international human rights standards. The Court ordered to establish a simple and effective appeal to control the decisions of the Supreme Electoral Council. Furthermore, the Court ordered that nothing hinder the indigenous organizations to present candidates aspiring to elected offices.

On May 26, the Center for Justice and International Law (CEJIL), the Nicaraguan Center for Human Rights (CENIDH) and the indigenous organization Yapti Tasba Masraka Nanih Aslatakanka (YATAMA) will present during a private hearing before the Inter-American Court in San José, Costa Rica, the contempt of the State of Nicaragua. During the hearing, the CENIDH, YATAMA and CEJIL will inform that the State of Nicaragua did not comply with the legislative reforms ordered by the sentence and that the application of the current system subsequently continues violating political rights. As a result, the facts and circumstances that originated the demand remain valid.

The Yatama case concerns the exclusion that candidates presented by the indigenous organization suffered during the municipal elections held on November 5, 2000, in the Autonomous Regions of the North Atlantic and South Atlantic when running for the posts of mayors, deputy mayors and councilmen. Those facts are the result of a decision issued on August 15, 2000 by the Supreme Electoral Council. Subsequently, several appeals were brought against that decision. Finally, on October 25, 2000, the Supreme Court of Justice of Nicaragua declared the complaint brought by indigenous candidates, inadmissible. As a consequence, the Inter-American Court stated that the Nicaraguan State had violated, among others, the judiciary guarantees and equality before the law.

In the city of Managua, Nicaragua, on May 05 of 2010.

Center for Justice and International Law (CEJIL)

Centro Nicaragüense de Derechos Humanos (CENIDH)

Yapti Tasba Masraka Nanih Aslatakanka (YATAMA)