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legislators; the low rates of participation recorded in some states of the Federation, and the
search for alternatives by the citizens. According to the representatives, “[i]ndependent
candidacies would operate as an escape valve […], but also as an incentive for the political
parties to seek candidates who represent them better.” The representatives argued that, in
Mexico, political democratization “could be classified very broadly into two moments. The
first, during which, from a closed and authoritarian system, democratic channels were
opened up to the participation of very diverse groups […]; alternation reached the highest
level, the head of the Executive, and the real political competition was less than 10 points
between the first and second party in almost 80% of the districts”; and “public opinion was
increasingly influential.” However, they argued that, now, the “second phase” was
underway, in which “Mexico moved from the political control of a hegemonic party to the
political control of three parties” and that there is a “[…] growing tendency to concentrate
power in the party leaders, who are not necessarily party militants […].”
191. When testifying at the public hearing, the alleged victim indicated that, to continue
democratizing Mexican institutions it was important “[…] to introduce more competition into
the electoral campaign and, in particular, to allow citizens to be candidates to elected office,
not in substitution of political parties, but together with political parties to give the citizens
more alternatives, both to be elected and to elect.” He added that, although this matter
evidently referred to the fight for his political rights, the case formed part of a long struggle
to expand democratic opportunities in the country.
192. The systems that accept independent candidacies can be based on the need to
expand and improve participation and representation in the management of public affairs
and to enable a greater rapprochement between the citizens and the democratic
institutions; while the systems that opt for the exclusivity of candidacies through political
parties can be based on different needs, such as strengthening these organizations as
essential instruments of democracy, or the efficient organization of the electoral process.
These needs must ultimately respond to a legitimate purpose in accordance with the
American Convention.
193. The Court considers that the State has justified that the registration of candidates
exclusively through political parties responds to compelling social needs based on diverse
historical, political and social grounds. The need to create and strengthen the party system
as a response to an historical and political reality; the need to organize efficiently the
electoral process in a society of 75 million voters, in which everyone would have the same
right to be elected; the need for a system of predominantly public financing to ensure the
development of genuine free elections, in equal conditions, and the need to monitor
efficiently the funds used in the elections, all respond to essential public interest. To the
contrary, the representatives have not provided sufficient evidence that, over and above
their statements regarding the lack of credibility of the political parties and the need for
independent candidacies, would nullify the arguments put forward by the State.
ii) The exclusivity of the nomination and the least restrictive appropriate mechanisms
to regulate the right to be elected
194. Among other arguments, the State indicated that the mechanism of exclusive
registration of candidacies by political parties complies with the requirement of
proportionality because “it does not in any way discriminate against or exclude any person
or group of persons from public office using the democratic channels; Mexican federal
electoral norms open up non-exclusive and non-discriminatory access channels to
candidacies that are open to every citizen […].” It also indicated that the COFIPE included
alternatives by which a citizen could accede to candidacy for elected office: (i) the possibility
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