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

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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.

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