respect and guarantee rights, the right to a fair trial [judicial guarantees], and the right
to be elected, established in Articles 1(1), 8(1), 23(1)(b), and 23(2) thereof, pursuant to
paragraph 206 of this Judgment.
5.
The State did not violate the right to defense and the right to appeal a ruling in
the administrative proceedings that ended in the determination of responsibility and
fines, recognized in Article 8(1), in relation to the obligation to respect and guarantee
rights set forth in Article 1(1) of the American Convention on Human Rights, to the
detriment of Mr. López Mendoza, in terms of paragraph 123 of this Judgment.
6.
The State did not violate the reasonable period of time in the resolution of Judicial
appeal for annulment of the administrative decision of the State filed against the
declarations of responsibility and fines, the and appeal of unconstitutionality against
Article 105 of the Organic Law of the Comptroller General of the Republic and the
National System of Fiscal Oversight, recognized in Article 8(1), in relation to the
obligation to respect and guarantee rights set forth in Article 1(1) of the American
Convention on Human Rights against Mr. López Mendoza, in terms of paragraphs 169 and
180 of this Judgment.
7.
The State did not violate the presumption of innocence in the proceedings that led
to the determination of responsibility and fines, recognized in Article 8(1), in relation to
the obligation to respect and guarantee rights set forth in Article 1(1) of the American
Convention on Human Rights, to the detriment of Mr. López Mendoza, in terms of
paragraph 132 of this Judgment.
8.
The State did not violate the right to equality before the law, established in Article
24, in relation to the obligation to respect and guarantee rights, established in Article
1(1) of the American Convention on Human Rights, to the detriment of Mr. López
Mendoza, pursuant to that established in paragraph 195 of this Judgment.
AND DECIDES:
Unanimously, that:
1.
This Judgment constitutes per se a form of reparation.
2.
The State, by way of its competent bodies, and specifically the National Electoral
Council, (CNE), must assure that the sanctions for disqualification do not prevent Mr.
López Mendoza from running as a candidate if he so chooses in elections that are to be
held after the issuance of this Judgment, pursuant to that established in paragraph 217 of
this ruling.
3.
The State must set aside Resolutions 01-00-000206 of August 24, 2005, and 0100-000235 of September 26, 2005, issued by the Comptroller General of the Republic,
pursuant to that established in paragraph 218 of this Judgment.
87
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