49 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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