failures or of the seriousness of the irregularities in subsequent appeals. Therefore, in the
specific circumstances of this case, the Court considers that it was unnecessary for there
to be an independent procedural stage, in which Mr. López Mendoza could have had the
opportunity to present arguments or evidence to satisfy his right to defense against the
possible imposition of additional sanctions.
141. Concerning the requirement that there be cause established by the Comptroller,
the Court reiterates that the cause is "the reasoned justification that permits a conclusion
to be made.” 236 The obligation to provide cause in the resolutions is a guarantee
associated with the proper administration of justice, which protects the right of citizens to
be tried for the reasons that the law provides, and grants credibility to the legal decisions
within the framework of a democratic society. 237 Therefore, decisions adopted by
domestic bodies that could affect human rights should be properly grounded, otherwise
they would be arbitrary decisions.238 In this sense, the argumentation of a ruling and of
certain administrative actions should allow one to know what the facts, reasons and
regulations are on which it bases the decision-making authority, to therefore rule out any
hint of arbitrariness. 239 Moreover, it must also show that it has duly taken into account
the arguments of the parties and that the evidence has been analyzed. Therefore, the
duty of cause is one of the "due guarantees" included in Article 8(1) to safeguard the
right to due process.
142. Venezuelan domestic law also recognizes the obligation to establish cause for
administrative actions. In this regard, the Venezuelan Organic Law of Administrative
Procedures (infra para. 201) states:
Article 9.- The administrative actions of a particular nature must be motivated, with the
exception of those of simple processing or unless the law expressly provided for this exception.
They must refer to the facts and legal basis for the action.
Article 12 .- Even when a legal or regulatory provision leaves a measure or action to the
judgment of a competent authority, such measure or action shall maintain due proportionality
and suitability with the alleged facts and the purposes of the regulation, and satisfy the
processing measures, requirements, and formalities for its validity and effectiveness.”
143. In this case, the Court noted that through Resolution No. 01-00-000206 (supra
para. 58), the Comptroller outlined the following considerations to impose disqualification
for three years on Mr. López Mendoza due to the facts related with the company PDVSA:
236
Case of Chaparro Álvarez and Lapo Íñiguez, supra note 227, para. 107; Case of Escher et al. V. Brasil.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of July 6, 2009. Series C No. 200, para. 208,
and Case of Chocrón Chocrón, supra note 13, para. 118.
237
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) V. Venezuela. Preliminary
Objection, Merits, Reparations, and Costs. Judgment of August 5th of 2008. Series C No. 182, para. 77; Case of
Escher y et al., supra note 236, para. 208, and Case of Chocrón Chocrón, supra note 13, para. 118. Similarly,
the European Court has established in the Case of Suominen: “[T]he Court then reiterates that, according to its
established case-law reflecting a principle linked to the proper administration of justice, judgments of courts and
tribunals should adequately state the reasons on which they are based.” Cf. Suominen v. Finland, no.
37801/97, para. 34, 1 July 2003
238
Cf. Case of Yatama V. Nicaragua, supra note 209, párrs. 152 y 153; Case of Escher et al., supra note
236, para. 139, and Case of Chocrón Chocrón, supra note 13, para. 118. Likewise, the European Court has
point out that the Judges should clearly state the reasons on which their decisions are based. Cf. ECHR,
Hadjianastassiou v. Greece, Judgment December 16, 1992, Series A no. 252, para. 23.
239
Cf. Case of Claude Reyes et al. V. Chile. Merits, Reparations, and Costs. Judgment of September 19th
of 2006. Series C No. 151, para. 122; Case of Apitz Barbera et al. (“First Court of Administrative Dispute”),
supra note 237, para. 78, and Case of Chocrón Chocrón, supra note 13, para. 118.
58
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents