I INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE 1. On December 14, 2009, the Inter-American Commission on Human Rights (hereinafter "the Commission" or "Inter-American Commission") filed, pursuant to Articles 51 and 61 of the Convention, a petition against the Bolivarian republic of Venezuela (hereinafter "the State" or "Venezuela") in relation to case No. 12.668, Leopoldo López Mendoza, which originated by means of the petition received by the Commission on March 4, 2008, and registered under No. 275-08. On July 25, 2008, the Commission issued Admissibility Report No. 67/08.1 On August 8, 2009, the Commission adopted the Merits Report No. 92/09 and sent it to the State granting it a period of two months to report on the measures adopted to comply with the recommendations of the Commission.2 After considering that Venezuela had not adopted the recommendations included in this report, the Commission decided to submit this case to the Court's jurisdiction. The Commission appointed Paulo Sérgio Pinheiro, Commissioner, and Mr. ∗ Judge Leonardo Franco reported to the Tribunal that for reasons of force majeure, he would be unable to be present for the deliberation and signing of this Judgment. ∗∗ The Deputy Secretary, Emilia Segares Rodríguez, reported to the Court that for reasons of force majeur, she would be unable to be present for the deliberation of this Judgment. ∗∗∗ Pursuant to that provided in Article 79(1) of the Rules of Procedure of the Inter-American Court that came into force on January 1, 2010, entered into force on June 1, 2010, “[c]ontentious cases submitted to the consideration of the Court before January 1, 2010, will continue to be processed in accordance with the preceding Rules of Procedure until the delivery of a judgment.” Consequently, the Court’s Rules of Procedure mentioned in this judgment correspond to the instrument approved by the Court at its forty-ninth regular session, held from November 16 to 25, 2000, partially amended at its eighty-second regular session held from January 19 to 31, 2009, and that was in force until March 24, 2009 until January 1, 2010. 1 In the Admissibility Report No. 67/08 the Commision “[d]eclar[ed] admissible the petition under analysis, in relation to Articles 23, 8, and 25 of the American Convention, in connection to the obligations established in Articles 1(1) and 2 thereof.” Admissibility Report (case file of annexes to the application, tome I, appendixes 1 and 2, folio 10). 2 In the Report on the Merits No. 92/09, the Commission concluded that ��the State had incurred in international responsibility for the violation of the right to participate in government [political rights] (Article 23); the right to a fair trail [judicial guarantees] and judicial protection (Articles 8(1) and 25), together with the obligation to respect and guarantee rights and the obligation to adopt domestic effects established in the American Convention (Articles 1(1) and 2, respectively).” The Commission recommended that the State: “[a]dopt the measures necessary to reestablish the political rights of Mr. Leopoldo López Mendoza”; ii) “[a]dopt the domestic legal forum, in particular Article 105 of the Organic Law of the Comptroller General of the Republic and the National Fiscal Oversight System that imposes the disqualification from holding public office won by popular vote, under the provisions of Article 23 of the American Convention,” and iii) “[f]ortifying the due process guarantees in the administrative proceeding of the Comptroller General of the Republic pursuant to the standards of Article 8 of the American Convention” (case file of annexes to the application, tome I, appendixes 1 and 2, folio 51). 2 The right to fair trial [judicial guarantees] and judicial protection (Articles 8(1) and 25), together with the obligations to respect and guaranttee rights and the obligation to adopt domestic legal efffects established in the American Convention (Articles 1(1) and 2, respectively).” The Commission recommended that the State: i) “[a]dopt the measures necessary to reestablish the political rights of Mr. Leopoldo López Mendoza”; ii) “[a]dapt the domestic legal code, in particular Article 105 of the Organic Law of the Comptroller General of the Republic and of the National System of Fiscal Oversight that imposed the disqualification for candidacy to a position of popular election, pursuant to the provisions of Article 23 of the American Covention,” and iii) “[f]ortifying the guarantees of due process in the administrative proceedings of the Comptroller General of the Republic pursuant to the standards of Article 8 of the American Convention. Report on the Merits No. 92/09 (case file of annexes to the application, tome I, appendixes 1 and 2, folio 51). 5