7
20.
Owing to this decision by the electoral administrative body, Mr. Castañeda Gutman
had recourse to the courts where this decision was considered first by the Seventh District
Administrative Judge of the Federal District, under an application for amparo filed by the
alleged victim. This judge considered his competence to hear the unconstitutionality of
certain provisions of the COFIPE contested by the alleged victim and the official
communication of the IFE Privileges and Political Parties Directorate of March 11, 2004, as a
specific act enforcing the contested provisions. The Seventh District Administrative Judge of
the Federal District established that it was necessary to determine whether an application
for amparo was admissible when claiming that substantive rights relating to political rights
had been affected owing to a specific enforcing an electoral law, considering that the said
official communication constituted the specific act enforcing the law. Similarly, the Supreme
Court of Justice, when examining the issue, considered that this action was the act
enforcing the law and decided to dismiss the case “[…] in the action for amparo filed by
Jorge Castañeda Gutman regarding the specific act of enforcement contained in official
communication No. DEPPP/DPPF/569/04 of March 11, 2004, issued by the Executive
Director of Privileges and Political Parties of the Federal Electoral Institute.”
21.
The Court observes that Mr. Castañeda Gutman submitted his request for
registration as a candidate to IFE; that is, to the administrative body which, according to
the law (Federal Code for Electoral Institutions and Procedures), is the authority responsible
for receiving requests for the registration of candidacies. On March 11, 2004, the IFE
Privileges and Political Parties Directorate informed the applicant that, under the provisions
of Article 175 of the said Code “the right to be postulated for and elected to an elected
public office at the federal level, can only be exercised through one of the national political
parties.” It also informed him that paragraph 1(e) of Article 177 of the Code established
that the time frame for the registration of candidacies for President of the United Mexican
States was from January 1 to 15 of the year of the election. This authority concluded that,
on this basis, “it [was] not possible to accept [the] request as presented”; this decision was
legally contested by Mr. Castañeda Gutman and revised by local courts. Indeed, the Court
observes that the domestic judicial authorities themselves considered the decision of the
Federal Electoral Institute to be an act enforcing the law and, on this basis, they conducted
the pertinent hearing (supra para. 20).
22.
The Court considers that, irrespective of whether or not the request was made
outside the legal time frame for the registration of candidacies submitted by political
parties, the decision of IFE not to accept the alleged victim’s request constituted, for the
effects of this Court’s competence, an act enforcing the law, since this negative was based,
first, on the provisions of Article 177 of the COFIPE concerning the legal time frames for the
registration of candidacies and, second, on the provisions of Article 175 of COFIPE,
concerning candidacies by means of political parties, and this authority had indicated the
legal impossibility of accepting Mr. Castañeda Gutman’s request. This decision, based on
the constitutional and legal provisions that regulate the matter, issued by the competent
administrative authority hat ruled on the legal issue filed before it, with the specific and
concrete effect of not allowing the registration of the candidacy, was the act enforcing the
law, and was even considered as such by the domestic courts. Based on the above, the
Court rejects this preliminary objection.
B)
SECOND PRELIMINARY OBJECTION
Absence of the alleged victim in the electoral process that began in October 2005