from the provisions of the American Convention.208
105. Thus, referring specifically to the particular case at hand, the Court understands
that this issue should be resolved through the direct application of the provisions of
Article 23 of the American Convention, because it involves sanctions that imposed a clear
restriction on one of the political rights recognized in paragraph 1 thereof, without
complying with the applicable requirements in accordance with paragraph 2 thereof.
106. Article 23(1) of the Convention establishes that every citizen shall enjoy the
following rights and opportunities, which must be guaranteed by the State under equal
opportunity: i) to take part in public affairs, directly or through freely chosen
representatives; ii) 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 iii) to have access to the public service of one’s country. 209
107. Article 23(2) of the Convention sets out the various causes that can restrict the
rights recognized in Article 23(1) and, where applicable, the requirements that must be
met for such a restriction to be applied appropriately. In this case, which is about a
restriction imposed by way of a sanction, it should be about a “conviction by a competent
court in criminal proceedings.” None of these requirements have been fulfilled, given that
the body that imposed the sanctions was not a "competent court,” there was no
"conviction," and the sanctions were not applied as a result of a "criminal proceeding,”
where the judicial guarantees enshrined in Article 8 of the American Convention should
have been respected.
108. The Court considers it appropriate to reiterate that “the effective exercise of
political rights is an end in itself and, a fundamental means that democratic societies
have to ensure that other human rights enshrined in the Convention are guaranteed 210
and that their holders, in other words, citizens, not only enjoy rights, but also
"opportunities.” The latter term implies the obligation to guarantee with positive
measures that anyone who holds formal political rights has a real opportunity to exercise
them.211 In this case, although Mr. López Mendoza was able to exercise his political rights
(supra para. 94), it is fully proven that he was deprived of passive suffrage, that is, the
right to be elected.
109. Under the foregoing, the Court finds that the State violated Articles 23(1)(b) and
23(2) in relation to Article 1(1) of the American Convention, to the detriment of Mr.
Leopoldo López Mendoza.
208
On the other hand, this Court considers that the fight against corruption is of great importance, and it
will keep in mind such circumstance when in it is presented with a case wherein it has to rule on such matter.
209
Cf. Case of Yatama V. Nicaragua. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
June 23, 2005. Series C No. 127, paras. 195 to 200, and Case of Castañeda Gutman V. México. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of August 6, 2008. Series C No. 184, para. 144.
210
Cf. Case of Castañeda Gutman, supra note 209, para. 143.
211
Cf. Case of Yatama, supra note 209, para. 195.
48
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