25. It must also be considered that these facts did not lead to the initiation of a criminal proceeding. The inexistence of a criminal prosecution allows us to infer, specifically, that Mr. Lopez Mendoza’s actions could not be associated with more severe conduct, those of which may justify a sanction such as a restriction on political rights. 26. As such, the disproportion between the sanction imposed as the “principle” sanction and the one imposed as the “additional” sanction (disqualification from running as a candidate) is irrational. While it is alleged that in the domestic legislation there is no relationship between the fine and disqualification, 21 given the circumstances of the case – wherein, as established in the Judgment, sufficient cause is not provided for the sanction of disqualification – the difference is manifestly unreasonable between the fines imposed as principle sanction against Mr. López Mendoza (for U.S. $ 1000 and $ 4000) and the sanction of disqualification that he also underwent, which implies a restriction from running as a candidate for 6 years. The high impact of the sanction on the political rights of Mr. Lopez Mendoza barred him from running as candidate for mayor of Caracas or other elected office. 27. Political rights and the use of them serve to strengthen democracy and political pluralism. As the Court has stated, “[r]epresentative democracy is the determining factor throughout the system of which the Convention is a part,” and it constitutes “a ‘principle’ reaffirmed by the American States in the OAS Charter, the basic instrument of the Inter22 American System." In the Inter-American System, the relationship between human rights, representative democracy and political rights in particular, is reflected in the Inter-American 23 In this Inter-American instrument it is stipulated that among other Democratic Charter. essential elements of a representative democracy is the access to power and its exercise, which is subject to the rule of law and the holding of periodic, free, and fair elections based on universal suffrage and secret balloting as an expression of the sovereignty of the people. 28. In analyzing the strict proportionality of the sanction, we must consider that not only are the rights of those seeking to run affected, but the collective interests of the voters is also harmed. This requires that the restriction be analyzed in a stricter manner when it comes to elected officials as opposed to appointed officials, in which case there is no involvement of citizens in the selection of these officials. This leads us to conclude therefore that, in regard to persons elected by popular vote or who intend to run, restrictions on passive suffrage can be exercised only to the extent strictly necessary to protect the fundamental legal rights from the most serious attacks that place them in harm or dangers way. the Office of Determination of Responsibility of the Office of Special Procedures of the Comptroller General of the Republic (case file of annexes to the application, attachment 34, tome VI, folios 3356). 21 The Constitutional Chamber of the Supreme Court of Venezuela has stated in its Judgement No. 1266 of August 6, 2008 that: "it is not valid to [affirm] that proportionality was violated because there is no correspondence between the main sanction andthe additional sanction.” Judgement No. 1266 of the Constitutional Chamber of the Supreme Court of Justice of August 6, 2008 (case file of appendix to the application, volume I, annex 27, pages 584 to 642). According to this reasoning, the sanctions of disqualification are a consequence of the declaration of administrative responsibility and do not depend on the other sanctions. 22 The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, para. 34. 23 Organization of American States. Inter-American Charter. Approved on the first full session of the General Assembly of the OAS, held on September 11, 2001, during the twenty-eight Extraordinary Period of Sessions, Article 3. 6