B.
Judicial guarantees regarding the administrative proceedings
110. Notwithstanding the foregoing, regarding the right to be elected, the Court shall
proceed with an analysis of the controversy between the parties regarding the alleged
violation of various guarantees in the administrative proceedings that took place both for
the imposition of the fine as well as for the disqualification as a candidate.
111. The Court has stated that all bodies which exercise functions of a judicial nature,
whether criminal or not, have a duty to adopt fair decisions based on the full respect for
the guarantees of due process established in Article 8 of the American Convention.212 The
Court also recalls that established in its jurisprudence in that the administrative and
disciplinary sanctions are, like the criminal ones, an expression of the punitive power of
the State and, on occasions, of the same nature. 213
1.
Guarantees in the administrative proceeding that resulted in a fine
112. The Commission did not develop specific arguments regarding the alleged violation
of the right to defense and the presumption of innocence in relation to the administrative
responsibility proceedings that resulted in sanctions in the form of a fine. Therefore, in
the following sections, the controversy between the representatives and the State will be
analyzed in respect to these guarantees.
1.1.
Right to defense and right to appeal the sanctioning decision
1.1.1. Arguments of the parties
113. The representatives argued that Mr. López Mendoza “was not guarante[ed] the
right to be heard within a reasonable period of time” nor “the appropriate time or means
to prepare his defense” and was granted only “15 working days to present evidence and
defend himself” after the charge against him was filed. Similarly, they also noted that "he
was not guaranteed the right to be assisted by counsel provided by the State nor the
right to question witnesses.” They also indicated that the alleged victim was denied the
“right [...] to request the temporary suspension of sanctions during the annulment
hearing,” that “a corresponding charge was never provided,” and that “only a motion to
reconsider was possible” before the same official who imposed the sanctions.
114. In this regard, the State indicated that the administrative proceeding, consisting
of various procedural phases and stages “offered all the guarantees for the individual to
defend his rights and interests.” Moreover, it added that the Inter-American System
cannot act as a fourth instance in cases brought before its jurisdiction.
212
Cf. Case of Ivcher Bronstein V. Perú. Merits, Reparations, and Costs. Judgment of February 6, 2001.
Series C No. 74, para. 104, and Case of of the Constitutional Court V. Perú. Merits, Reparations, and Costs.
Judgment of January 31, 2001. Series C No. 71, para. 71.
213
Cf. Case of Baena Ricardo et al. V. Panamá. Merits, Reparations, and Costs. Judgment of February 2,
of 2001. Series C No. 72, para. 106, and Case of Vélez Loor V. Panamá. Preliminary Objections, Merits,
Reparations, and Costs. Judgment November 23, 2010 Series C No. 218, para. 170.
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