4.4.
Writ of amparo filed by the representatives of the alleged victim
73.
On August 10, 2004, the representatives of Mr. López Mendoza filed a Writ of
amparo “in order to protect the [victim] from the alleged flagrant violation of his right to a
defense […] due to the actions of the Office of Municipal Oversight of the Office of the
Determination of Responsibility, […], which entailed an account of the events that
occurred in regard to the budget modifications effectuated by the Mayor of the
Municipality of Chacao and approved by members of the Municipal Council of that
Municipality during the 2002 fiscal year.”131
74.
On August 25, 2004, the Seventh Superior Court in Administrative Disputes of
Caracas declared the writ of amparo inadmissible132 upon noting that the official letters,
reports, and orders issued in the case, to date, 133 were "actions that were rendered in
the course of an administrative proceeding, under terms that are not final, that is, that
they involve actions regarding the processing or substantiation of the case that are not
challengeable [...]. Consequently, since the administrative actions [of] the those who
allege a violation of their constitutional rights are not final and are not adjudicatory
proceedings but rather proceedings that entail the processing of the case, given that they
only facilitate prosecution for the Administration through the open investigation of the
actors, it is for this reason that this Tribunal deems them as acts in preparation of the
final resolution to close the investigation.” 134
4.5.
Continuation of the administrative proceeding
75.
On August 31, 2004, Mr. López Mendoza, by way of his attorney, noted the
documentary evidence that would be brought forward at the hearing.135 On October 26,
express order, the fifteenth (15th) day for the interested parties or the legal representatives express, in an oral
or public setting, the arguments they deemed pertinent to assist the defense of the interested parties.” Official
letter 08-01-1011 of July 16, 2004, issued by the General Office of Special Procedures of the Comptroller
General of the Republic and was notified on August 9, 2004 (Case file of annexes to the application, tome VI,
folios 3236 to 3239).
131
Appeal for Protection of a Constitutional Right [Writ of amparo] of August 10, 2004, filed by Mr. López
Mendoza (case file of annexes to the application, tome I, annex 8, folio 325).
132
Order of August 25, 2004, issued by the Seventh Superior Court of the Administrative Contentious
Forum of Caracas (Exp. No. 0791-04) (case file of annexes to the application, annex 9, Tome 1, folios 344 to
353).
133
Official letters Nos. 07-02-164, 07-02-166, 07-02-165, 07-02-163 and 07-02-160, dated 10-02-2004
and the Report on Results in the Brief Nro. 07-02-PI-2003-02; as well as the order of initiation dated 12-072004, renderd in brief Nro. 08-01-07-04-003, and the official letters of notification dated 16-07-2004,
distnguished with Nos. 08-0101010, 08-01-1014, 08-01-1013, 08-01-1012 and 08-010-1011. Decision of
August 25, 2004, of the Seventh Superior Court on Administrative Disputes, supra note 132, folio 351.
134
Decision of August 25, 2004, of the Seventh Superior Court on Administrative Disputes, supra note
132, folio 351.
135
In said brief, the following was designated as evidence: i) Journal N° 1: Supporters of the Situaiton of
the Municipal Treasury of the Mayor’s Office of Chacao, corresponding to the 2002 year, issued by the Municipal
Treasury of the Office of Planification and Budget of the Office of Tributary Administration of the Mayor of
Chacao, and ii), the Transfer Agreement between the East Firefighter Fleet and the Metropolitan Firefighters
Fleet.” Brief of August 31, 2004, filed by Mr. Leopoldo López Mendoza (case file of annexes to the answer to the
application, tome XXV, annex D, folios 9864 to 9867).
33
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