217. The Court has noted that, given the specific circumstances in the present case,
Articles 23(1)(b), 23(2), and 8(1) were violated, in relation to Articles 1(1) and 2 of the
American Convention (supra paras. 109, 149, 205, and 206). Accordingly, the Court finds
that the State, through its competent bodies, particularly the National Electoral Council
(CNE), must ensure that the sanction of disqualification is not an impediment to Mr.
López Mendoza in the election in which he wishes to register as a candidate held after the
rendering of this Judgment.
218. Moreover, the Court also finds that the State must set aside Resolutions Nos. 0100-000206 of August 24, 2005, and 01-00-000235 of September 26, 2005, issued by the
Comptroller General of the Republic (supra paras. 58 and 81), wherein the
disqualification from public office was declared against Mr. López Mendoza for a period of
3 and 6 years, respectively.
2.
Satisfaction
219. The Commission did not request the Court to order any measures of satisfaction
from the State.
220. The representatives requested
responsibility in the present case.
that
the
State
recognize
its
international
221. The Court finds that the action requested by the representatives usually,
though not exclusively, is ordered in order to redress violations of the rights
to life, integrity, and personal liberty, 290 and in that sense, the Court considers that this
measure is not necessary to remedy the violation found in this case.
222. On the other hand, the Court finds, as it has in other cases,291 that the State must
publish, within six months from the date of notification of this Judgment:
a. the
official
summary of the
present
Court, once, in the Official Gazette;
Judgment drafted
by
the
b. the official summary of the present Judgment drafted by the Court, once,
in a newspaper of wide national circulation, and
c. the present Judgment in its entirety, available for a period of one year, on
an official website.
3.
Guarantees of non-repetition
223. The Commission requested the Court to order the State to “adjust its domestic
legal code, in particular Article 105 of the [LOCGRSNCF] that imposes disqualification
from running for a position of popular election, to the provisions of Article 23 of the
American Convention.” Moreover, that it order “the strengthening of the guarantees of
290
Cf. Case of Castañeda Gutman, supra note 209, para. 239.
291
Cf. Case of Barrios Altos V. Perú. Reparations and Costs. Judgment of November 30, 2001. Series C
No. 87, Operative Paragraph 5(d)); Case of Chocrón Chocrón, supra note 13, para. 158, and Case of Mejía
Idrovo, supra note 15, para. 141.
80
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