Santiago A. Cantón, Executive Secretary, as Delegates, and Mrs. Elizabeth Abi-Mershed,
Deputy Executive Secretary, and Mrs. Karla I. Quintana Osuna, Specialist of the
Executive Secretary, as legal advisor.
2.
The application is related to the alleged "international responsibility [of the State]
for disabling Mr. López Mendoza […] from holding public office through administrative
means in [alleged] contravention of the standards found in the Convention[;] for having
prohibited him from participating in the regional elections in 2008, as well as for not
granting him the relevant judicial guarantees and judicial protection or [...] appropriate
reparation.” According to the application, “upon adopting the decision of disqualification
from holding a position in public office of [Mr.] López Mendoza, the Comptroller [General]
of the Republic and, under review, the Political-Administrative Chamber of the [Supreme
Tribunal of Justice], did not elaborate further arguments that would support the
application of a more severe sanction than [that of the] fine [already imposed], or […] did
it offer arguments to grade the charge for the type of illicit conduct and its relation to the
imposition of one of the maximum additional sanctions.”
3.
The Commission requested the Court to declare the State of Venezuela
responsible for the violation of Articles 23 (Right to Participate in Government [Political
Rights]); 8(1) (Fair Trail [Judicial Guarantees]); 25 (Judicial Protection), together with
Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) of the
American Convention, to the detriment of Mr. López Mendoza. Moreover, the Commission
requested the Court to order the State to adopt measures of reparation, as well as to
reimburse costs and expenses.
4.
Legal notice of the application was given to the State and to the representatives of
the alleged victim, Mr. Enrique Sánchez Falcón and Mr. José Antonio Maes Aponte
(hereinafter “the representatives”), on January 15, 2010.
5.
On March 19, 2010, the representatives filed their brief of motions, pleadings, and
evidence (hereinafter "the brief of motions and pleadings") before the Court, in the terms
of Article 40 of the Rules of Procedure. In this brief, they alluded to the facts noted in the
application of the Commission, expanding on specific information therein and specifying
their request for a declaration of State responsibility for the violation of Articles 23(1)(b),
23(2), 8(1), 8(4), 24, and 25, in accordance with Articles 1(1) and 2, all of the American
Convention. Specifically, the representatives indicated that Mr. López Mendoza’s rights to
“(i) be elected in genuine periodic elections, carried out through universal and equal
suffrage and by secret ballot that guaranteed the free expression of the will of the
voters[;] (ii) […] not limit the exercise of political rights, except through a final judgment
after a criminal proceeding[;] (iii) […] be heard with due guarantees and within a
reasonable time, by a competent, independent, and impartial judge or tribunal,
previously established by law, for the determination of his rights and obligations[;] (iv)
[…] be sanctioned for the same facts by which he was previously sanctioned or acquitted
by the competent authority[,] and (v) judicial protection” were not recognized. As well,
they added that Mr. López Mendoza was a victim of a violation to equality before the law.
Finally, they requested various measures of reparation.
6.
On June 4, 2010, the State presented its brief of preliminary objections, answer to
the application, and comments to the brief of pleadings and motions (hereinafter "the
answer to the application"), in the terms of Article 41 of the Rules of Procedure. In said
brief, the State filed the preliminary objection it entitled, "Bias in the roles carried out by
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