the Comptroller has made a specific and independent evaluation, without referring to that
determined by the Office of the Determination of Responsibility with respect to the
allegations and evidence that led to the declaration of responsibility. Without providing
appropriate and autonomous cause, the sanction for disqualification operates almost
automatically, by way of a procedural issue that ends up being merely procedural.
148.
Finally, the Court has already indicated that Mr. López Mendoza had the
opportunity to contest the considerations of the Comptroller through subsequent appeals
that rejected the arguments about the magnitude of the administrative failures and the
severity of the irregularities (supra para. 118). However, the Court considers that the
problems in regard to cause to impose the sanction of disqualification had a negative
impact on the right to defense. The lack of cause prevented an in-depth review of the
arguments or evidence directly related to the additional sanctions, as is obvious and this
case demonstrates, may be significantly more onerous than the principle sanction.
Regarding this point, the Court reiterates that the motivation demonstrates to the parties
that they have been heard and, in cases where decisions may be appealed, it provides
the possibility to contest the resolution and make a new examination of the matter before
higher authorities. 245
149. Consequently, the State is responsible for the violation of the obligation to
establish motivation and the right to defense in administrative proceedings that resulted
in the imposition of sanctions for disqualification set out in Article 8(1), in relation with
Article 1(1) of the American Convention on Human Rights, to the detriment of Mr. López
Mendoza.
3. Reasonable period
150. The Commission and the representatives argued that the contentiousadministrative remedies for annulment and the constitutional challenge filed by Mr. López
Mendoza were not resolved in a reasonable period.
151. The State noted that “the time in which the Supreme Tribunal of Justice
[…]delayed in resolving the appeals for annulment mentioned […], it adjusted to a
reasonable period, considering the complexity of the case; the procedural activity of the
interested parties, as well as the actions of the judicial authorities.”
152. Considering the arguments of the parties, the Court notes that the alleged
violation of Article 25 of the Convention in the present case involves the following
remedies filed by the alleged victim: i) motion to reconsider and a judicial appeal for
annulment of the State’s administrative decision regarding the resolutions that declared
the administrative responsibility of Mr. López Mendoza for the actions of PDVSA and the
Municipality of Chacao and against the subsequent declarations of disqualification from
holding public office, and ii) the constitutional challenge against Article 105 of the
LOCGRSNCF, together with the precautionary measure for protection of a constitutional
right before the Constitutional Chamber of the Supreme Tribunal of Justice.
245
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Dispute”), supra note 237, para. 78;
Case of Tristán Donoso V. Panamá. Preliminary Objection , Merits, Reparations, and Costs. Judgment of January
27, 2009 Series C No. 193, para. 153, and Case of Chocrón Chocrón, supra note 13, para. 118. For its part, the
Human Rights Committee considered that the absence of a written reasoned judgment of the Court of Appeal is
likely to prevent the author from successfully asking for an authorization to appeal before a Superior Court,
stopping him from using an additional remedy. United Nations, Human Rights Committee, Hamilton v. Jamaica,
Communication No. 333/1988, CCPR/C/50/D/333/1988, March 23, 1994
61
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents