VIII.3. RIGHT TO PARTICIPATE IN GOVERNMENT, IN RELATION TO THE
OBLIGATION TO GUARANTEE RIGHTS
A) Arguments of the Commission and of the parties
181. The Commission argued that the State did not guarantee Mr. A.A. “the exercise of
[his] political rights in the position he held,” and did not investigate his murder with
special diligence and thoroughness, despite the indications that he had been killed in
retaliation for his work as a community organizer and a human rights defender, in his
position in public office, as well as his quest for justice to honor the individuals who
disappeared during the conflict. It argued that the lack of investigation, together with the
killing of several social leaders in the area, suggested a situation of impunity and a lack of
protection which would have a threatening effect upon individuals seeking to defend
human rights through their leadership in the community.
182. With respect to Mrs. B.A., the Commission held that the time of the events, she
worked as the Secretary of the same COCODE to which her father belonged, a position of
a political nature in which she represented the citizens. According to the Commission,
“after the failure to investigate the facts related to the death of [A.A.] and the progressive
harassment, family A was forced to leave Santa Lucía[,] and consequently [B.A.] had to
give up her political post in the COCODE.” The Commission also noted that a causal link
exists between the resignation of B.A. and the failure to clarify the facts related to her
father’s death; therefore, it considered that the State failed to guarantee B.A. the
continued exercise of her political rights. For these reasons, the Commission concluded
that the State is responsible for the violation of Article 23 of the Convention, in relation to
Article 1(1) thereof, to the detriment of A.A. and B.A.
183. The representatives argued that “the murder of [A.A.], as well as the threats and
intimidation, and the subsequent departure of various members of his family, prevented
them from continuing with the numerous projects they promoted in the community of
Cruce de la Esperanza and the normal activities of the Community Development Council.
Moreover, […since] that was the first of several murders of people associated with the
Mayor’s office, it affected the continuity of different development projects in the
community undertaken by the Municipality, and implied a violation of the political rights of
the population […].” According to the representatives, these events had repercussions “on
the entire community and, particularly, on his daughter [B.A.], who was prevented from
freely exercising her right to defend human rights since she had to leave the positions in
which she carried out those activities.” The representatives also argued that, “given the
lack of due diligence in the investigation of the murder of [A.A.], and of the previous and
subsequent threats made against family [A], the State violated the political rights of [A.A.]
and [B.A.] and of the community, affecting the work of public representation carried out
by both.”
184. The State argued that it had not violated the political rights of Mr. A.A. or his
daughter, since “both have had as much leadership as they wished in their community’s
political activities.” It added that both “have been able to take part in the conduct of public
affairs, directly or through freely elected representatives (both have worked in COCODE);
they have had the freedom to vote and be elected in genuine periodic elections […,] and
have had access, under general conditions of equality, to the public service of [the]
country.” It also stated that the arguments of the Commission and the representatives
claiming that Mr. A.A.’s death was not investigated, “have no connection whatsoever with
the true essence of the protection and guarantee of political rights […].”
B) Considerations of the Court
185. This Court has considered that Article 23 of the Convention protects not only a
person’s right to be elected to public office, but also the right to have a real opportunity to
serve in the position to which he or she was elected. To this end, the State has a
responsibility to adopt effective measures that guarantee the necessary conditions for the
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