that not challenging the procedural actions did not affect the ability to challenge
subsequent actions nor did it prevent, on the whole, the due defense regarding the fines
that were imposed on the alleged victim.
121. On the other hand, the Court notes that no specific argumentation was presented
to substantiate that the 15 working days to provide evidence per se constituted a
disproportionate restriction of the right to defense. Thus, in the specific case, the
representatives did not show how that period limited the possibility of an adequate
defense, as it has been demonstrated in another case before this Court that proved that a
day for counsel to review the entire case file was a violation of the right to defend the
accused. 223
122. Moreover, the Court considers that the arguments of the Venezuelan domestic
courts are not unreasonable for not having considered certain witnesses proposed by the
alleged victim in the respective proceedings for the determination of responsibility. In any
case, the Court notes that the representatives did not make a statement regarding the
State's argument on the alleged testimonial evidence indicated by the defense of Mr.
López Mendoza that despite the determination of dates to be put forward this evidence,
were never submitted.224 Finally, the Court notes that Mr. López Mendoza had the
opportunity to appeal the decision against him and that in response to the appeal for
annulment filed there was a judicial assessment of the allegations of the defense in
connection with the determination of the facts and the applicable law in connection with
administrative offenses and fines imposed. (supra paras. 57, 63, 80, and 85).
123. For these reasons, the Court finds that there is no violation in regard to the right
to defense and the right to appeal the sanctioning decision against Mr. López Mendoza, in
connection with administrative proceedings that ended the determination of responsibility
and in the imposition of fines.
1.2.
Presumption of innocence
1.2.1. Arguments of the parties
124. The representatives stated that the presumption of innocence involves the “right
to prove one’s innocence” and, nevertheless, in this case the charges against Mr. López
Mendoza are based on an "objective responsibility, [...] that does not [...] require guilt or
injury for its imposition, but rather requires a mere transgression of the law regarding the
223
Cf. Case of Castillo Petruzzi et al. V. Perú. Merits, Reparations, and Costs, Judgment May 30, 1999.
Series C No. 52, para. 141
224
The Office of Determination of Responsibility noted that “regarding the testimonial eveidence indicated
by the defense, […] it warned that in order to safeguard the constitutional right of the accused [on the 24th and
29th of September, 2004, […] the opportunity was given to receive the information that the representation of
the accused sought to provide, nevertheless, at no time did the representation provide said witnesses. As a
consequence, the deciding body decided that upon not having produced such testimony, there is no basis for a
decision.” Deciding order of October 29, 2004, of the Office of Determination of Responsibility, supra note 85,
folios 199 and 200. Similarly, upon resolving the Motion to reconsider, this criteria was reiterated upon noting
that “the petitioners did not present, for review, on the dates set (24th and 29th of September 2004), the
witnesses promoted by the Comptroller General, this being an obligation of the interested party, to which the
deciding body, deemed in the order […] given that no testimony was rendered, there was no facts upon which
to render a decision. From this, the Comptroller General—pursuant to law and in no way—violated the right to
defense of the petitoners.” Resolution of March 28, 2005, of the Office of Determination of Responsibility, supra
note 88, folio 278.
52
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