effective the procedural power of locus standi in judicio that is recognized in the Court’s
Rules of Procedure, without detracting from the limits of the Convention on the
participation and the exercise of the jurisdiction of the Court, nor diminishing or infringing
upon the right of defense of the State, which has the procedural opportunity to respond
to the arguments of the Commission and representatives at all procedural stages. In this
way, the Court must ultimately decide each case based on the admissibility of arguments
of such nature in order to safeguard the procedural equality of the parties.264
191. In the present case, the Court notes that in its admissibility report, the
Commission “declared the application admissible […] in relation to the rights enshrined in
Articles 23, 8, and 25 of the American Convention, in relation to the obligations
established in Articles 1(1) and 2 therein.” 265 Subsequently, in its report on the merits,
the Commission outlined explicitly that "in its arguments [...] the petitioner alleged
violations of Article 24 of the Convention due to the application of a discriminatory
standard." According to the Commission, at that time, the representatives "[b]ased their
argument on the basis of statements issued in the media by Mr. Oscar Perez, [...], and
that those same operational circumstances involved Mr. Regulus Hernandez, Glenn Rivas,
Cruz Ortiz, Candido Rodriguez, Tirso Colmenares, Oswaldo Diaz, Justo Hernandez [and]
Jenny Cedeño." Nevertheless, the Commission did not find the State's responsibility for
the alleged violation of Article 24 of the Convention. 266 Consequently, in its application –
which establishes the factual basis of the case—the Commission did not mention the
mentioned facts and the alleged violation involved (supra para. 2 and 3).
192. Moreover, the Court notes that in the brief of pleadings and motions, Mr. López
Mendoza argued the alleged violation of equal protection before the law indicating that
the National Electoral Council allowed certain persons to participate as candidates in the
electoral processes of 2004 and 2005 who were sanctioned by disqualification from
holding public office (supra para. 187). Moreover, the Court takes into consideration that
the State indicated that these persons “were not disqualified from holding public office,”
justifying this affirmation with 4 reasons, that is: i) because the administrative actions
were in the administrative forum before the Comptroller General of the Republic, pending
the interposition or decision of the corresponding administrative remedies; ii) because the
sanctions were imposed on dates subsequent to the polls; iii) because the National
Electoral Council was not given notice of the sanctions imposed, or iv) because the
persons that ran for office were no longer disqualified from holding public office given
that the period of the sanction had lapsed. (supra para. 188).
193. In this regard, the Tribunal highlighted that the State presented evidence aimed at
establishing that the mentioned persons, allegedly disqualified from holding public office,
were not disqualified at the time of the election of 2004 and 2005, to which their cases
involved one of the 4 reasons explained by the State (supra para. 188 and 192). In this
sense, in the case file, inter alia, the order of November 22, 2004, issued by the
Comptroller General of the Republic of the President of the National Electoral Council
(CNE) where a list was provided of 118 persons where the sanction was imposed for
disqualification from holding public office. 267 Moreover, the State rendered a copy of the
264
Cf. Case of “Mapiripán Massacre” V. Colombia. Merits, Reparations, and Costs, supra note 260, para.
58; Case of Vélez Loor, supra note 213, para. 43, and Case of Chocrón Chocrón, supra note 13, para. 134.
265
Admissibility Report No. 67/08, supra note 1, folio 10.
266
Report on the Merits No. 92/09, supra note 2, folios 12 to 52.
267
Cf. Official letter No. 01-00-000730 of November 22, 2004, rendered by the Comptroller General of the
Republic to the President of the National Electoral Council (CNE) (Case file of annexes to the answer to the
application, annex H, tome XXXIX, folios 13814 to 13830).
72
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