amount of $217.204.847.989 for the transfer of funds from the Capital District through the Treasury 72 Secretariat, to cover the difference in fares that resulted from the general reduction of said fares.” 113. On March 31, 2017, the petitioner filed a judicial action of nullification and reversal before the 73 State Council, which remains unresolved at this time. 114. The Commission observes that Article 60 of Law 610 of 2000 provides that: Bulletin of fiscally liable persons. […] The legal representatives, as well as the designating individuals and other competent officers, shall refrain from naming, giving possession to, or concluding any type of contract with those who appear in the bulletin of fiscally liable persons, at the risk of committing the causal of bad conduct, in accordance with the provisions of Article 6 of Law 190 of 1995. 74 G. About the fine from the Superintendence of Industry and Commerce 115. In 2014, the Superintendence of Industry and Commerce fined Mr. Petro Urrego $410.256.000.00 pesos; it also fined other individuals, the Water, Sewers, and Sanitation Company of Bogota (EAB), the Special Administrative Unit of Public Services (UAESP), and Aguas de Bogota, for “commercial 75 activities that are restrict free competition in the market for sanitation services in Bogota.” IV. LEGAL ANALYSIS A. Political rights in conjunction with Articles 1(1) and 2 of the American Convention 1. General considerations 76 77 78 116. Article 23 of the American Convention recognizes and protects political participation through the right to active and passive suffrage, the latter understood as the right to run for elected office, and the establishment of an adequate electoral regime that considers the political process and the conditions in which that process unfolds, in order to ensure the effective exercise of that right without arbitrary or discriminatory exclusions.79 Article 23(2) provides that the exercise of the rights can be regulated “only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.” 72 Annex 4. Order No. 4501 of November 29, 2016. Annex to the communication from the petitioners of March 13, 2017. 73 Observations from the petitioners of April 12, 2017. 74 Congress of the Republic of Colombia, Law 610 of August 18, 2000. Annex 5. Order 53.788 from the Industry and Commerce Superintendence of September 3, 2014. Annex 2 to the communication from the petitioners of March 13, 2017. 75 76 Article 23 of the American Convention states that: 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. 2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings. 77 Article 1(1) of the American Convention states that: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 78 Article 2 of the American Convention states: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 79 IACHR, Report No. 92/09, Case 12.668, Merits, Leopoldo López Mendoza, Venezuela, August 8, 2009, para.64. 21