analysis, it is necessary for the Commission to have developed specific arguments, something which did not occur in the present matter in regard to the alleged context or pattern in which in the alleged violations against Mr. López Mendoza took place. As such, considering these procedural reasons, the Court considers that it is not appropriate to issue a ruling on the facts alleged by the representatives that were not raised in the application of the Commission. B. Proven facts related to the sanctions imposed on Mr. López Mendoza 30. On August 4, 2000, Leopoldo López Mendoza was elected by popular vote as Mayor of the Municipality of Chacao and reelected to the same position on October 31, 2004, a position he carried out for eight years, until November 2008. Upon finalizing his term of office, he aspired to run as a candidate for Mayor of the State of Caracas in the respective elections.26 Nevertheless, he was unable to run as a candidate due to two sanctions of disqualification imposed on him by the Comptroller General of the Republic in the framework of two administrative proceedings. The first investigation to which Mr. López Mendoza was subject is related to the facts that occurred during his tenure at the company Petróleos de Venezuela S.A. [Venezuela Petroleum S.A.] (hereinafter "PDVSA"), before being Mayor (infra paras. 40 to 43). The second investigation entails facts that occurred in the framework of his actions during his tenure as Mayor (infra paras. 65 to 66). To understand the scope of said investigations, it is necessary to specify the nature of the powers of the Comptroller. Below, the undisputed facts are highlighted which relate to these investigations, specifying, first, the normative framework from which the Comptroller carried out the respective investigations. 1. The Comptroller General of the Republic and the National System of Fiscal Oversight 31. The Comptroller General of the Republic is a constitutional-ranking body that since the Constitution of the Bolivarian Republic of Venezuela of 1999 came into force, went on to form part of the Citizen’s Branch [Poder Ciudadano, or "Citizens' Power"]. This Branch, which is made up of the Ethics Council [Consejo Moral Republicano], is composed of the Ombudsman, the Public Prosecutor’s Office, and the Comptroller General of the Republic. Following that established by Constitutional Article 274, the existence of this new branch of Public Power has, among its attributes, the prevention, investigation, and punishment of facts that threaten public ethics and administrative morals. It also safeguards good governance and assures legality in the use of public goods.”27 The Comptroller General of the Republic is elected by a Postulation Evaluation’s Committee, of the Citizen Branch, or where applicable, by the National Assembly, by way of a favorable vote from two-thirds of the parties that form it.28 26 Chacao´s Municipal Paper Number 5381, November MMIVL: Act of the Special Session held on November 06, 2004, based on the Swearing-in of the Citizen-Mayor Leopoldo López Mendoza, (case file of annexes to the application, tome 98, annex 2). 27 Article 274 of the Constitution of the Bolivarian Republic of Venezuela, published in the Official Gazette on thursday, December 30, 1999, No. 36.860 (case file of annexes to the application, annex 1, fokio 56). 28 Article 279 of the Constituiton of the Bolivarian Republic of Venezuela, supra note 27. 15

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