law regarding the claims that have been at a standstill for more than (1) year, prior to
the presentation of the reports.” 253
167. In this way, still assuming that on average the periods prescribed in the Organic
Law allow for the conclusion that an appeal filed before the Supreme Tribunal of Justice
must be resolved in 10 and a half months, the Court considers that the period of 3 years
and 6 months and of 3 years are reasonable given the complexity of the matter at hand
(supra para. 163). Moreover, the Court finds that the Supreme Tribunal of Justice
diligently handled the actions put forward by the parties.
iv.
Effect generated by the legal situation of the person involved in the proceeding
168. The Court recalls that if the passage of time affects, in a relevant manner, the
legal situation of an individual, it is necessary that the proceeding run with more diligence
in order for the case to be resolved in as brief a manner as possible. 254 The Court notes
that while, in this case, Mr. López Mendoza had a special interest in the swiftness of the
decision regarding the appeal for annulment in order to establish his candidacy in the
election of November 2008, in the circumstances of this case, it is not clear that the lack
of a quick decision is what affected the rights of the victim.
169. For the foregoing, the Court considered that the State has been able to justify that
the time that the Supreme Tribunal of Justice delayed in resolving the appeals for
annulment filed by the alleged victim is in conformity with the principle of reasonable
time.
3.2.
Regarding the constitutional challenge
3.2.1. Arguments of the parties
170. While the Commission “considered it reasonable that the Constitutional Chamber
of the STJ had delayed 2 years in resolving the appeal […] given the complexity of the
matter and the accumulation of claims in the same proceeding,” it highlighted “that the
petitioner attempted, opportunely, various remedies in attempts to challenge or request
the suspension of the effects of the law that prevented him from exercising his political
rights to run in a popular election; this is all in consideration of his intention to [be] a
candidate in the November 2008 elections and considering that the process for
registering for said election was August 5 to 14, 2008.” Thus, for the Commission, “the
time that passed for jointly resolving the appeals is not reasonable. This situation is even
more relevant if one considers the nature of the rights and interests at play.” In this way,
“the possibility of registering, in August 2008, the candidacy of [Mr.] López Mendoza for
the November 2008 elections was related to the timely and effective decision of the
judicial bodies of his country and the compatibility of Article 105 of the LOCGRSNCF with
the Constitution and with the American Convention.”
253
The Organic Law of the Supreme Tribunal of Justice of the Bolivarian Republic of Venezuela, published
in the Official Gazette N° 37.942 on May 20, 2004. Cited int he final written arguments of the representatives
(Case
file
on
the
merits,
tome
III,
folio
1209)
and
available
at:
http://www.tsj.gov.ve/legislacion/nuevaleytsj.htm (last visited on September 1, 2011).
254
Cf. Case of Valle Jaramillo et al., supra note 247, para. 155; Case of Garibaldi V. Brasil. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of September 23, 2009. Series C No. 203, para. 138, and
Case of Xákmok Kásek Indigenous Community, supra note 22, para. 136.
66
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