of legality to establish that the State is not responsible for a violation of the right to participate
in government established in Article 23 of the Convention, to the detriment of Mr. Rico.
111. Notwithstanding the foregoing, this Court recalls what was stated in Chapter IV of this
Judgment regarding the fact that both the SCPBA and the CSJN affirmed that Mr. Rico had
not challenged the constitutionality of the ineligibility sanction imposed on him when he filed
the REF, nor in any other remedy that he could have filed through other channels. In turn,
neither the Commission nor the representatives presented specific elements or allegations
that would allow this Court to analyze and determine whether or not the ineligibility sanction
imposed on Mr. Rico could have constituted an infringement of his right to participate in
government pursuant to Article 23(1)(c) of the American Convention.
VIII.
OPERATIVE PARAGRAPHS
112. Therefore,
THE COURT
DECIDES,
Unanimously,
1.
To declare the preliminary objection admissible, pursuant to paragraph 20 of this
judgment.
2.
To reject the preliminary objection filed by the State, pursuant to paragraphs 15 to 19
of this judgment.
DECLARES,
Unanimously, that:
3.
The State is not responsible for the violation of Article 8 of the American Convention
on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 49 to
85 of this judgment.
4.
The State is not responsible for the violation of Article 9 of the American Convention
on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 102
to 109 of this judgment.
5.
The State is not responsible for the violation of Article 23 of the American Convention
on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 110
to 111 of this judgment.
6.
The State is not responsible for the violation of Article 25 of the American Convention
on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 88 to
99 of this judgment.
AND ORDERS:
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