Gadea Mantilla v. Nicaragua. Merits, Reparations, and Costs, Series C No. 543, Inter-American Court of Human Rights, 16 October 2024

A State is responsible for the violation of political rights and the right to equality when, due to a lack of integrity in the electoral process, an individual is deprived of the right to be elected in an authentic election that reflects the free expression of the will of the voters.

Art. 23 ACHR
Art. 24 ACHR

1. The acts and omissions of the State of Nicaragua that enabled the re-election of President Daniel Ortega in 2011 compromised the integrity of the electoral process, resulting in the violation of the political rights and the right to equality of the candidate Gadea Mantilla, under the American Convention on Human Rights. These violations stemmed, in particular, from the decisions of the Supreme Court of Justice that allowed re-election in disregard of the existing constitutional prohibition, from the bias of subordinate electoral bodies, and from the lack of clear legal provisions on electoral matters, which generated a climate of legal uncertainty.

2. The rulings of the Supreme Court of Justice and the irregularities in the composition of the Supreme Electoral Council undermined the impartiality of the process by openly favoring one candidate, in violation of the principles of periodicity, authenticity, universality, freedom, and equality of elections as enshrined in Article 23.1 of the American Convention. The undue advantage granted to the incumbent President further violated the petitioner’s right to run for the office of President of the Republic under equal conditions, in breach of Articles 23.1(c) and 24 of the Convention.