B. Political rights and freedom of association (Articles 23 and 16 of the American Convention101) 80. The Commission notes that the petitioner alleged violation of Mr. Flores Bedregal's political rights at the merits stage. In this regard, as it has done in other cases, the Commission considers that, irrespective of the fact that said argument was made after decision on the admissibility of the case, analysis of the file with the IACHR points to facts that would support the analysis of Article 23 of the American Convention. Furthermore, the IACHR finds that during the proceedings the State was aware of the facts on which the above argument is based. Based on the foregoing arguments, the Commission will give consideration to the matter102, as well as to the right to freedom of association, by virtue of the iura novit curia principle. 81. Article 23 of the Convention recognizes political rights and protects political participation through the right to active suffrage as well as the right to passive suffrage, understood to mean the right to submit one's candidacy for elected office, and the establishment of appropriate electoral regulations guaranteeing the exercise of those rights, without exclusions or arbitrary or discriminatory limitations. 103 States must adopt measures to guarantee the effective exercise of rights, bearing in mind the vulnerability of members of certain social sectors or groups.104 Restricting the exercise of political rights impairs not only the political rights of the person concerned. It also entails impairment of the collective dimension of said rights and may potentially have a significant impact on the practice of democracy. 82. At the same time, the Commission has pointed out that Article 16 of the Convention protects the right to associate freely for ideological or political purposes, without the intervention of government authorities that curtail or disrupt the exercise of said right, In addition to these negative obligations, there are also positive obligations to prevent attacks against freedom of association, protect those who practice it, and to investigate violations of that freedom.105 Freedom of association can only be exercised in a situation in which fundamental human rights are fully guaranteed and respected, particularly those related to the life and safety of the individual.106 83. As established under proven facts, at the time of the events, Mr. Flores Bedregal was an alternate member of the Chamber of Deputies, a militant member of the Partido Obrero Revolucionario, and a member of the National Committee for the Defense of Democracy. It was also established that on the day of the armed assault on the COB, in connection with the coup d’état, Mr. Flores Bedregal was participating in a meeting of the National Committee for the Defense of Democracy convened to address the situation triggered by the coup perpetrated by the Armed Forces. The Commission further highlights the observation by the Supreme Court of Justice of the Nation in its decision to convict in the trial to determine criminal liabilities of former de facto President Luis García Meza and others, inasmuch as the armed assault on the COB constituted a military operation, during which "some 50 trade union and political leaders" were arrested, and other congressmen killed, along with the political leaders of the Partido Socialista, Marcelo Quiroga Santa Cruz. That, Those Articles establish: Article 23. Political rights 1. Every citizen shall enjoy the following rights and opportunities: a. to take part in the conduct of public affairs, directly or through freely chosen representatives; b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c. to have access, under general conditions of equality, to the public service of his country. Article 16. Freedom of Association 1. Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes. 2. The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedoms of others. 3. The provisions of this article do not bar the imposition of legal restrictions, including even deprivation of the exercise of the right of association, on members of the armed forces and the police. 102 On this, see: IACHR, Report No. 49/15, Case 12.585. Merits, Ángel Pacheco León and family, Honduras, July 28, 2015, paras. 121-122, 141. 103 IACHR, Report No. 92/09, Case 12.668, Merits, Leopoldo López Mendoza, Venezuela, August 8, 2009, para. 64. 104 I/A Court H.R., Case of Yatama v. Nicaragua. Preliminary Objections, Merits, Reparations and Costs. Judgment of June 23, 2005. Series C No. 127, para. 201; IACHR. Application of the Inter-American Commission on Human Rights before the Inter-American Court of Human Rights, the Republic of Nicaragua, Case 12.388, Yatama, para. 127. 105IACHR, Report 62/08, Case 12.531, Merits, Manuel Cepeda Vargas, Colombia, July 25, 2008, para. 131. 106I/A Court H.R., Case of Kawas-Fernández v. Honduras. Merits, Reparations, and Costs. Judgment of April 3, 2009, Series C No. 196, para. 150. 101 22