and because it was a case involving "officials elected by the people "(supra para. 172).
The Court finds that indeed the constitutionality challenge filed by Mr. López Mendoza
on August 4, 2005, was joined into the record of Nidia Gutierrez de Asencio of April 4,
the
Court
also
notes
that: i)
on July
27,
2006.255 Moreover,
2006, Mr. Juan Bautista Carrero Marrero sought to intervene as a third party in the
case ii) on November 7, 2007, joinder was ordered to join the case file with the claim of
Mrs. Rosalba Gil Pacheco iii) on December 19, 2007, joinder was ordered to join the case
file with the claim of Humberto Bello Bernay, iv) on June 4, 2008, joinder was ordered to
join the case file with the claim of Mrs. Sandra Carolina Alfaro Salazar, and v ) on July 8,
2008, joinder was ordered to join the case file with the claim of Mrs.
Maria Trinidad Ramirez Egañez. 256
176. Moreover, the Court considers that the fact that the motion filed by Mr. López
Mendoza sought a declaration of unconstitutionality of an Article of a Law with general
effects is a determining factor to characterize the cases complexity.
ii.
Procedural activity of the interested parties
177. The State indicated that the interested parties "met, in a timely manner, their
procedural burdens throughout the procedural iter." In this regard, the Court finds
that the record does not show that Mr. López Mendoza carried out activities that
provoked undue delay in the processing of the case. Accordingly, the Court finds
that if there was no delaying actions in the case provoked by the alleged victim. With
regard to the subsequent claims and corresponding joinders, the Court has
considered this in the previous section (supra para. 175).
iii.
Actions of the judicial authorities
178. The State limited itself to noting that the authorities maintained a diligent
attitude regarding the handling of the case, "developing, at all times, much activity."
(supra para. 172). From the evidence in the case file, the Court finds that in the course of
that appeal, the Supreme Tribunal had to resolve, in parallel manner, the claims for
precautionary protection of a constitutional right filed jointly with the constitutional
challenges in addition to that of Mr. López Mendoza’s. As such, the Court also notes
that the Constitutional Chamber issued the corresponding placement cards; made a
series of notifications to the people involved in the case, and convened and conducted the
public hearing. 257 Moreover, the Court notes that Article 19 of the Organic Law of
the Supreme Tribunal does not set a specific period for which it is subject to rule on the
constitutionality challenges brought before it (supra para. 165).
255
Cf. Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme
Tribunal of Justice, supra note 111, folios 502 to 535.
256
Description of Case file No. 2006-945 of the Constitutional Chamber of the Supreme Tribunal of
Justice: Petiton for annulment for unconstitutionality of Article 105 of the Organic Law of the Comptroller
General of the Republic and the National System of Fiscal Oversight, as well as the Resolutions in virtue of the
disqualification fromt he excercise of public office. Petitioner: Leopoldo López, Eva Ramos, et al. Joined to the
case file 2006-494, petitioner Nidia de Atencio (Case file of annexes to the application, tome III, folios 1320 to
1324).
257
Description of Case file No. 2006-945 of the Constitutional Chamber of the Supreme Tribunal of Justice
supra note 256, folios 1320 to 1324.
68
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