authority. The process of challenge required the revalidation of signatures subject to challenge and allowed the withdrawal of signatures of applicants who had changed their minds. This day of challenge was held on June 27, 2004. 85. On June 25, 2004 by resolution 040615-852 the National Electoral Council decided to ratify the call to hold the presidential recall referendum on August 15, 200451. This call was conducted and resulted in a total of 3, 989, 008 votes in favor of the recall of the term of the President, and 5, 800, 629 votes against the recall, so the CNE ratified the mandate the President of the Republic52. The OAS and the Carter Center observers of this process, declared the legitimacy of the results53. 7. Public Ministry’s investigation regarding complaints of discrimination 86. Considering the allegations described in various media about political discrimination and dismissals of public officials as an alleged retaliation for their appearance on the lists of signatories that requested the presidential recall referendum, the General Prosecutor's Office ordered Prosecutor 49 of the Caracas Metropolitan Area to open an investigation54. By statement of 27 April 2005, the Public Ministry reported that Prosecutor 49 of the Caracas Metropolitan Area began the "legal investigations to ascertain whether there were specific offenses that both officials and individuals may have incurred in with the use of the aforementioned lists". In the same statement he added that no rule "states that the lists of signatories cannot be spread and, on the contrary, one of the reasons for its distribution is, precisely, to prevent misuse of signatures that could harm the authenticity and transparency of the process"55. The Commission has no information on the results of that investigation. 8. The end of the “Tascón List” and the beginning of the “Maisanta list” 87. According to information received by the Commission on April 15, 2005 the then President of the Republic Hugo Chávez, referring to the Tascón List stated that "this episode is behind us now. If anyone resorts to the list in order to make a personnel decision about someone, he or she is carrying the past into the present and perpetuating situations that we have moved beyond. […] The famous list certainly played an important role at a given point in time, but that’s over now. We call upon all our citizens to build bridges. I say this because some letters have been sent to me that lead me to believe that in some quarters the Tascón list is still being used to determine whether a person will or will not work. Let’s bury the Tascón list”56. 88. In its 2009 report on Democracy and Human Rights in Venezuela, the IACHR took note of the acknowledgement of President of the Republic that the list was used for political discrimination, to dismiss employees, or block applications for employment, among other things, and whereby the President called upon the regional authorities and their supporters to do away with and bury the so-called “Tascón list”57. However, 51 CNE, Resolution No. 040615-852 of June 25, 2004, available at: http://www.cne.gob.ve/web/gaceta_electoral/gaceta_electoral_detallado.php?tg=1&num_gac=202. See also, Súmate, Progress Report "Presidential Recall Referendum", Annexes, available at: http://sumate.org/Elecciones/2004Revocatorio/200409_informe_avance_anexos_referendo_revocatorio_presidencial.pdf. 52 CNE Resolution No. 040826-1118, August 30, http://www.cne.gob.ve/web/gaceta_electoral/gaceta_electoral_detallado.php?tg=1&num_gac=210. 2004, available at: 53 OAS, Statement of OAS Electoral Observation Mission on Venezuelan Presidential Referendum, August 18, 2004, available at: http://www.oas.org/en/media_center/press_release.asp?sCodigo=E-130/04; OAS, OAS adopts resolution on the results of the Venezuelan referendum, August 26, 2004, available at: http://www.oas.org/en/media_center/press_release.asp?sCodigo=E-138/04 54 Annex 6. El Universal, Prosecutor opens investigation for discrimination of signatories of the RR, April 28, Annex M of Annex IV of the complaint filed before the IACHR on March 7, 2006. 55 Annex 7. Public Ministry statement: Public Prosecution starts investigation regarding the use of lists to petition for referendums in 2004. Annex III to the complaint filed before the IACHR on March 7, 2006. 56 Statement by Venezuelan President Hugo Chávez at the V Mobile Cabinet Meeting, April 15, 2005, in the city of Puerto Ordaz, quoted in IACHR, Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. Doc. 54. December 30, 2009, chapter II.a, para. 99. 57 IACHR, Democracy and Human Rights in Venezuela, OEA/Ser.L/V/II. Doc. 54. December 30, 2009, chapter II.a, para. 99. 15