entered the automatic system of candidates via the web page: www.cne.go.ve of CNE in
order to register as a candidate. Pursuant to an annex presented by the Commission, the
system indicated on the screen: “López Mendoza Leopoldo Eduardo. This person is
politically disqualified (code 8),”192 while an annex presented by the State showed that
the electronic system indicated that he had been “disqualified from holding public office
by the Comptroller General of the Republic.”193 Mr. López Mendoza was not able to fill out
the respective electronic form, which prevented him from formalizing the registration as a
candidate for the position of Mayor of the Metropolitan District of Caracas before the
Electoral Board of said district.194
94.
After the imposition of the disqualification from holding public office, Mr. López
Mendoza has: i) participated in the political organization “Movimiento Primero Justicia”
(MPJ) [First Justice Movement], as a member of the National Board of Directors, since its
registration in 2007 where new authorities were appointed195; ii) participated in the
political organization “Un Nuevo Tiempo Contigo” (UNTC) [A New Time with You], as VicePresident for Citizen Participation196; iii) exercised his right to vote in the elections of
November 28, 2008, and in the consultation regarding the constitutional amendment of
February 15, 2009, wherein he was also selected as a polling station member197; iv)
Metropolitan Council, Mayor of the District of Alto Apure, Councillor or District Councillor to the City Council of
Alto Apure and Mayor of the municipality for elections to be 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).
192
The State specified that “the registration of the candidates is carried out automatically by way of a
webpage of the electoral body that has a table of ojections, which uses since 1973 objection tables last checked
in 2006 [...] and if a disqualified individual attempts to register, the application will be rejected immediately,
and code 7 or 8, whichever is appropriate, appears." Cf. copy of the request for candidacy of Mr. López of
August 5, 2008. (Case file of annexes to the application, tome I, annex 28, folios 661 and 662).
193
The Court notes that together with the report of the “Automated System for Candidacy, Regional
Elections of 2008” forwarded by the State, there is the certification of the General Secretary of the National
Electoral Council, and said document “is a true and exact copy of the original.” Copy of the result of the
“Automated System of Candidacy, Regional Elections of 2008” of the National Electoral Council given the
registration of Mr. López Mendoza (Case file on the merits, annex D, folios 1683 and 1684).
194
In the act, it is noted that “[i] light of the message that threw off the automated system designed by
the National Electoral Council, according to which [Mr.] López Mendoza was disqualified politically, it was
impossible to continue with the steps specified in the legislation to formalize the registration of [his] candidacy
[...], for Mayor of the Metropolitan District of Caracas." Act of August 11, 2008, signed at the headquarters of
the Metropolitan Board of Elections in which 10 people left proof that Mr. López Mendoza was unable to register
his candidacy given the response of the Automated System of the National Electoral Council (Case file of
annexes to the application, tome I, annex 29, folios 663 to 669).
195
Copy of the Electoral Gazette of the Boliviarian Republic of Venezeula of August 1, 2003, wherein there
is proof of the registration of “Movimiento Primero Justicia” (MPJ) as a political party (case file of annexes to the
answer to the application, tome XXXVIII, annex F, folios 13659 to 13660) and communication of March 16,
2009, forwarded by the President of the National Electoral Council to the Comptroller General of the Republic
(case file of annexes to the answer to the application, tome XXXVIII, annex F, folios 13653 to 13655).
196
Copy of the Electoral Gazette of the Bolivarian Republic of Venezuela of September 6, 2006, wherein
there is proof of the agreement of registration of “Un Nuevo Tiempo Contigo” (UNTC) as a political party (case
file of annexes to the answer to the application, tome XXXVIII, annex F, folios 13657 to 13658 and 13661) and
copy of the Extraordinary Assembly where the National Consulting Council and the National Organizational
Commission of the Political Party “Un Nuevo Tiempo Contigo” were designed. (case file of annexes to the
answer to the application, tome XXXVIII, annex F, folios 13661 to 13666).
197
Official letter No. PRES/2007/N° 0241 of March 17, 2009, issued by the President of the National
Electoral Council to the Comptroller General of the Republic, with proof of the votes for Mr. López Mendoza’s in
the regional elections of November 23, 2008, and in the referendum of February 15, 2009, (case file of
43
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents