2. Considerations of the Court 98. In this regard, the Court specifies that it is not a criminal court or a forum appropriate for analyzing or determining criminal, administrative or disciplinary responsibility of individuals,206 and that it does not have jurisdiction to do this. As a consequence, the Court will not declare wither Mr. López Mendoza is guilty or innocent regarding the irregular actions for which he was sentenced, given that this is a matter for the Venezuelan jurisdiction. 99. The following will be analyzed: i) the right to be elected; ii) a fair trial [judicial guarantees] in developed administrative procedures; iii) equality before the law, and iv) the obligation to adopt of domestic legal effects. A. Right to be elected 100. The main point of this case lies in the sanctions of disqualification imposed on Mr. López Mendoza by way of a decision of an administrative body, applying Article 105 of the LOCGRSNCF, which prevented him from registering his candidacy for an elective office. After outlining the arguments of the parties, the Court will determine whether such sanctions and their effects on the alleged victim are compatible with the American Convention. 1. Arguments of the parties 101. The Commission and the representatives argued that the sanction for disqualification from holding public office unduly restricted the political rights of Mr. López Mendoza, given that it was imposed by an administrative proceeding and not by “sentencing by a competent court in criminal proceedings” as indicated in Article 23(2) of the American Convention, in such a way that “only a criminal court in a criminal proceeding can restrict the right” and “any restriction rendered from said proceeding must strictly respect criminal guarantees.” He added that “the Comptroller General and its respective agencies are not criminal judges or tribunals in a strict sense and its decisions pertain to the administrative forum.” Moreover, it indicated that the alleged victim "is subject to restrictions that prohibit his nomination and appointment to public office, [in such a way that] when he tried to register to participate in elections for mayor of the Metropolitan District of Caracas [...] his disqualification materialized.” 102. The representatives added that “Article 105 [of the LOCGRSNCF] has not been able to establish political disqualification to hold public office by public vote, given that pursuant to Article 30 of the American Convention the law can only develop restrictions that are already authorized by the American Convention, and in this case, the only authorized political disqualification is one that a competent court in a criminal proceeding can establish.” Moreover, they expressed that “Article 105 is a restriction that is more serious than those foreseen by the Convention” in violation of Article 29 of the American Convention. In the specific case, the representatives argued that the “constitutional provisions [particularly Articles 65 and 42] are clear and compatible with the American Convention upon affirming that the criminal responsibility, due to the management of 206 Cf. Case of Velásquez Rodríguez V. Honduras, supra note 15, para. 134; Case of Ibsen Cárdenas and Ibsen Peña, supra note 19, para. 199, and Case of Vera Vera et al., supra note 13, para. 93 46

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