purpose of the present case is centered on the imposition of restrictions to the political
right of running for a public office –standing for election - to apply for a position won by
popular vote" in the "absence of a founded criminal judgment rendered by a competent
judge." It added that "the case also entails the existence of alleged procedural delays and
ineffectiveness of the attempted domestic remedies." The Commission noted that "it will
not attempt to debate the facts and the assertions and/or the errors in the assessment of
the domestic Venezuelan tribunals in determining the declaration of administrative
responsibility" of Mr. López Mendoza.
96.
The representatives agreed with the Commission but added various arguments
regarding the alleged violation of judicial guarantees in the proceedings that led to a
finding of administrative responsibility. Moreover, they alluded to the violation of the right
to equality before the law. In relation to the irregularities Mr. López Mendoza was
charged with regarding some donations issued when he was a public official of PDVSA,
they indicated that the Comptroller General "fraudulently fabricated a sanctioning
proceeding" and that the facts allegedly related to corruption "were, effectively and
satisfactorily executed" in the framework of an agreement between the company PDVSA
and a foundation. They indicated that "no proceedings were initiated or carried out
against any of the members of the Board of Directors of PDVSA who approved the
granting of said funds," that the Comptroller "dismissed any means of providing for a
remedy or appeal," and that "there was no patrimonial harm/damage" and that the
"funds were used for the legitimate and foreseen means." In relation to the actions that
provoked the sanction related to the actions developed as Mayor by Mr. López Mendoza,
they indicated that "they do not refer in any way to acts of corruption or appropriation of
funds,” and it involved “the use of public funds that remained in a budget consignation as
a result of the budget of said consignation, reason for which an administrative action was
taken to allow for the sending of those funds to the Municipal Treasury, counting on the
prior approval of the Municipal Comptroller, for the payment of teachers, firefighters,
police, among others, reason for which the legal parameters were met and administrative
acts were rendered, and reason for which all possibilities of a simulation were discarded,
thereby denoting the fraudulent action and political persecution of the Comptroller.” They
indicated that the Comptroller “carrying out a false appreciation of the facts and a
manipulation of the law fabricated a sanctioning administrative proceeding with the
intention of disqualifying from public office."
97.
The State argued that "it acted legitimately and in strict respect for human rights"
when it declared, on two occasions, the administrative responsibility" of Mr. López
Mendoza and upon "imposing on him, as a consequence, the sanction of disqualification
from holding public office for a period of six years." TIV 1618 Moreover, it noted that "the
sentence imposed by a competent judge, in a criminal proceeding," "is not the only way
in which a person may be limited from exercising political rights" and that it is possible to
do so in relation to the “civil capacity of the citizens, that is, their aptitude, their
suitability for the exercise of a charge in public office.”
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative
or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and
the provisions of this Convention, such legislative or other measures as may be necessary to give effect to
those rights or freedoms.
45
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