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