6. Facts related to the request to register as a candidate 91. On July 21, 2008, the National Electoral Council (CNE) approved a law to regulate the running of candidates for positions won by popular election in November 2008. Article 9 of said regulation establishes that: “[the] following may not run for a position through popular election […] 1.-[t]hose who committed acts enshrined in Article 65 of the Bolivarian Republic of Venezuela and the other laws of the Republic [, and] 2.- [t]hose who are subject to civil interdiction or disqualification.”189 92. Previously, the CNE had received from the Comptroller General of the Republic a list of approximately four hundred (400) persons disqualified from holding public office due to administrative sanctions imposed by its Office.190 93. Article 18 of the mentioned laws on the candidacy, note that the first step in running in an election is to enter, using electronic means, an automatic candidate system of the CNE and to fill out a form.191 For this, on August 5, 2008, Mr. López Mendoza contrary to the Constituiton nor the […] Pact –for the excercise of a charge or public function. In addition, it can’t be forgotten that Article 23[(2) of the American Convention] states the law may “regulate” the rights contained therein; while Articles 30 and 32, numeral 2 invokes the restriction and limitation of the rights by law, The rights of each person are limited by the rights of others, by the security of all, and by the just demands of the general welfare, in a democratic society, which coincides with the standards of this chamber[…] with the suspension of the citizenry and political rights, refered to in Articles 42 and 65 of the Fundamental text, which exist peacefully, without being contrary to the Constitution or the American Convention […,] the limitations that in the law (in a strict sense) are established for the excercise of public funtions, such as the requirements of age, suitability, attitude, aptitud, experience to perform a public function or for the exercise of public office. From there, it is constitutionally valid that in protecting a higher interest such as the handling and management of public assets, the [LOCGRSNCF] lends to the highest authority of the Comptroller General of the Republic, member of the Citizen Power organ, the power to apply prior to a proceeding [...], the corresponding sanctions and to limit or disqualify the public official from the exercise of public office for a determined period, [...] in any way, the constriction of rights to the citizenry nor the denial of rights. [...] The sanction of "disqualification" from the exercise of public functions, [is] then a valid limitation and not contrary to the Constitution, which in no way undermines the provisions of Articles 42 and 65 of the Constitution or the American Convention on Human Rights (Article 23), when it regulates a situation other than that provided in these regulations and does not imply a lack of knowledge of the political rights of the sanctioned individual linked to citizenship.” Judgment No. 1.270 of August 12, 2008, of the Constitutional Chamber of the Supreme Tribunal of Justice. Brief in response to the application (Case file on the merits, tome I, folios 306 and 307) and available at: http://www.tsj.gov.ve/decisiones/scon/Agosto/1270-120808-04-0143.htm (last visited on September 1, 2011). 189 Article 9 of the “Regulations governing the registration of candidates for Governor, Legislator or Legislative Council, Mayor of the Metropolitan District of Caracas, the City Council Councillor, and Councillor of the Council of Caracas Metropolitan, Mayor of the District of Alto Apure, Councillor to the District Council of Alto Apure and Mayor of the Municipality for elections held in November 2008 " (Case file de anexos de la demanda, tome I, annex 1) and available at: http://www.cne.gov.ve/web/normativa_electoral/elecciones/2008/regionales/documentos/RESOLUCION_NORM AS_DE_POSTULACIONES_VERSION_FINAL.pdf (last visited on September 1, 2011). 190 On February 26, 2008, the Comptroller checked this list. According to the Comptroller's statements to the media, this verification was carried out in order to "enforce legal mechanisms for the process of nomination of candidates for regional elections on the [23rd] of November [of that year]." Also, the official explained that the list "correspond [ed] with the support that [...] the [Comptroller] set up from 2000 to 2008, by which administrative responsibilities are established." Newspaper clippings that refer to the act by which of the Comptroller General of the Republic verified a list of 400 persons disqualified from the exercise of public functions to the National Electoral Council Recortes periodísticos que se refieren al acto mediante el cual of the Comptroller General of the (Case file of annexes to the brief of pleadings and motions, tome X, annex E, folios 5240 to 5244). 191 Article 18 of the “Regulations for the registration of the candidates for Governor, Legislator, or Legisator of the Legislative Council, Mayor of the Metropolitan District of Caracas, Counil to the Caracas 42