REPORT Nº 67/08 1 PETITION 275-2008 ADMISSIBILITY LEOPOLDO LÓPEZ MENDOZA VENEZUELA July 25, 2008 I. SUMMARY 1. On March 4, 2008, the Inter-American Commission on Human Rights (hereinafter the “Inter-American Commission,” “the Commission,” or “the IACHR,”) received a petition filed by Mr. Leopoldo López Mendoza on his behalf (hereinafter “the petitioner,” or “the alleged victim”), alleging the violation by the Bolivarian Republic of Venezuela (hereinafter “Venezuela,” “the State,” or “the Venezuelan state”) of the rights protected under Article 8 (judicial guarantees), Article 23 (political rights) and Article 25 (judicial protection) all relating to Article 1.1 of the American Convention on Human Rights (hereinafter “the American Convention,” “the Convention,” or “the ACHR”). 2. The petitioner alleges that as a result of two administrative sanctions issued against him in 2004, under the provisions of Article 105 of the Organic Law of the Office of the Comptroller General of the Republic, he was declared ineligible to hold any public office or position for periods of 3 and 6 years respectively by the Office of the Comptroller General of the Republic (hereinafter “the Comptroller General”), through an administrative action without due process of law and without any sentence having been handed down. With regard to exhaustion of domestic remedies, the petitioner alleges that the exception for unwarranted delay under the provisions of Article 46.2 (c) of the American Convention applies in this case because the petition to nullify the actions and the petition challenging the constitutionality of the administrative actions and of Article 105 of the above mentioned law he had filed have not been decided by the judicial authorities even though the legal deadlines to do so have passed. 3. As of the date this report was approved, the Venezuelan state had not responded to the petition. 4. After examining all available information in light of the admissibility requirements stipulated in Articles 46 and 47 of the American Convention, the Commission concluded that it is competent to hear the claim and that the petition is admissible because of the alleged violation of the rights protected by Articles 23, 8 and 25 in connection with the duties established in Article 1.1 of the American Convention. At the same time, under the principle of iura novit curia, the IACHR concluded that the events described could also constitute a violation of the duties established in Article 2 of the same instrument. Therefore, the Commission decided to notify the parties, to publish this report and to include the report in its Annual Report. II. PROCESSING BEFORE THE COMMISSION 5. The Commission received the initial petition on March 4, 2008, and it was registered under number 275-08. 6. On April 15, 2008, the Commission forwarded the relevant parts of the petition to the state and, in accordance with its Rules of Procedure, the Commission requested that the state respond within a period of two months. 7. As of the date this report was approved, the Venezuelan state had not responded to the petition. III. POSITIONS OF THE PARTIES A. The Petitioner 1 Under the provisions of Article 17.2 of the Commission’s Rules of Procedure, Commissioner Luz Patricia Mejía, a Venezuelan national, did not take part in the deliberations or in the decision issued in the foregoing case. 1

Select target paragraph3