full exercise of that right. 289 Indeed, the right to participate in government specifically
implies that citizens not only have the right, but also the opportunity to participate in the
conduct of public affairs. 290
186. Article 23 of the American Convention establishes that rights holders should have
political rights, but also adds the term “opportunities.” This means that States should take
positive steps to ensure that everyone who is a formal holder of political rights has a real
opportunity to exercise them, addressing any situations of special vulnerability affecting
the holders of this right. 291 Therefore, it is imperative that the State create optimum
conditions and mechanisms for the effective exercise of political rights. 292 The Court
emphasizes, as it has on other occasions, that these general conditions of equality refer
both to access to public office through popular election as well as through appointment or
designation. 293
187. The Court has already established that, at the time of his death, Mr. A.A.’s served
as Mayor of the Community Development Council (COCODE) of Cruce de la Esperanza,
while his daughter, Mrs. B.A., held the position of Secretary of the same COCODE (supra
paras. 87 and 90). The COCODE’s formed part of the Guatemala’s System of Development
Councils created through Decree 11-2002 (Law on Urban and Rural Development
Councils), as the main vehicle for citizen participation in public affairs (supra para. 80).
This system consisted of five levels: national, regional, departmental, municipal and
community. In accordance with Decree 11-2002, the community level consisted of a
Community Assembly “made up of local residents of the same community” and a
Coordinating Body elected by the Community Assembly, in charge of implementing the
programs and projects approved. 294 In turn, this coordination body consisted of a
Community Mayor, who presided it, and a maximum of 12 representatives. There is no
dispute as to the political nature of the positions held by A.A. and B.A. within this system.
188. Furthermore, in 2004, Mrs. B.A. was also employed by the Municipality of Santa
Lucía Cotzumalguapa, in the position of Social Organization Officer (supra para. 89). Her
work involved “organizing each canton, hamlet, village, neighborhood [and] subdivision
[…] in the municipality, as well as helping to organize unions, trade associations, transport
and other popular organizations, provide them with civic training and influence the political
life of the municipality and of the nation in general […].” 295 Thus, the Court notes that her
position meant that she was involved in the conduct of public affairs. Moreover, during the
hearing held before this Court, Mrs. B.A. explained that she had been appointed to that
position, and that “every four years elections are held and they can freely dismiss you.” In
other words, when new municipal authorities took office, it was possible that she could
lose her position. Consequently, the Court considers that this post was also of a political
nature.
189. With regard to the possible effects on Mr. A.A.’s political rights, this Court recalls
that the violation of the right to life attributable to the State may, in turn, result in
violations of other rights enshrined in the American Convention. 296 However, given that
there is not sufficient evidence in this case to declare the State’s failure in its obligation to
protect the right to life of Mr. A.A. in the exercise of his work as a human rights defender
(supra para. 149), likewise, there are not sufficient grounds to establish that the State
failed in its obligation to guarantee the exercise of his political rights. As mentioned
previously, the alleged lack of an effective investigation into Mr. A.A.’s death will be
examined in Chapter VIII (4) infra, concerning judicial guarantees and judicial protection.
289
Cf. Case of Yatama v. Nicaragua, supra, para. 201, and Case of Luna López v. Honduras, supra, para. 142.
Cf. Case of Chitay Nech et al. v. Guatemala. Preliminary Objections, Merits, Reparations and Costs.
Judgment of May 25, 2010, Series C No. 212, para. 107, and Case of Luna López v. Honduras, supra, para. 142.
291
See, Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits, Reparations and Costs.
Judgment of May 26, 2010. Series C No. 213, para. 173, and Case of Chitay Nech et al. v. Guatemala, supra, para.
106.
292
Cf. Case of Yatama, supra, para. 195, and Case of Luna López v. Honduras, supra, para. 143.
293
Cf. Case of Yatama, supra, para. 200, and Case of Luna López v. Honduras, supra, para. 143.
294
Cf. Decree 11-2002, Law of Urban and Rural Development Councils, Articles 13, 14, 16 and 17 (Merits file,
pages 1656 to 1662).
295
Cf. Statement rendered by B.A. on December 12, 2010 (File of attachments to submission brief, page
1353).
296
Cf. Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations
and Costs. Judgment of July 10, 2007. Series C No. 167, para. 147, and Case of Luna López v. Honduras, supra,
para. 141.
290
57
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