29 3. Forced disappearance and representation in the present case the right to participation and political 104. The Commission and the representatives coincide in expressing that the State is responsible for the violation to Article 23 of the Convention, in relation with Article 1(1) of that treaty, against Florencio Chitay Nech, given that the purpose of his forced disappearance was the direct damage, and even more, the absolute suppression of the exercise of his political rights. In this sense, the repression unleashed against him had the purpose of depriving him from all political participation and, in general, participation in the social and political structures of which he formed a part, as well as the complete annihilation of the leadership and structure of the municipality. 105. The representatives, in their written brief of final arguments, added that such violation was carried out in two levels: a) the right to directly participate in the leadership of political affairs in conditions of equality, given that his character as indigenous and cooperative leader constituted the motive for his disappearance and there exists a general pattern of harassment against the Mayans, and b) the right of the indigenous community of Quimal de San Martín Jilotepeque to participate through their freely elected representatives since the violation to the rights of the elected indigenous also affected the rights of the electors. In turn, the State acknowledged its responsibility for the violation of this right (supra para. 13). 106. The Court has pointed out that “according to Articles 23, 24, 1(1) and 2 of the Convention, the State has the obligation of guarantying the enjoyment and application of such rights according to the principles of equality and non-discrimination, and shall adopt the necessary measures to guarantee its full exercise […], considering the situation of weakness and destitution of the members of certain sectors or social groups.”108 107. The political rights established in the American Convention, as well as in several international instruments,109 allow the strengthening of the democracy and political pluralism. In particular, the right to effective political participation implies that the citizens have, not only the right, but also the possibility to participate in the leadership of public affairs. Furthermore, it has been recognized that the effective exercise of political rights constitutes an end in itself, and at the same time, a fundamental means that democratic societies have to guarantee the other human rights established in the Convention.110 108 Case Yatama V. Nicaragua. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of 23 of June of 2005. Series C No. 127, para. 201. Cf. Juridical Condition and Rights of Migrants. Advisory Opinion OC-18/03 of 17 of September of 2003. Series A No. 18, para. 89; Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of 28 of August of 2002, para. 46, and Human Rights Commission. General Observation No. 25, General comments adopted by the Human Rights Commission, Article 25 – Participation in pubic matters, the right to vote. HRI/GEN/1/Rev.7 at 194 (1996). 109 Cf. Some of this international instruments are: Inter-American Democratic Charter (Artícles 2, 3 and 6); American Convention on Human Rights (Article 23); American Declaration on the Rights and Duties of Men (Article XX); Universal Declaration of Human Rights (Article 21); International Covenant on Civil and Political Rights, (Article 25) of 1993; Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (Artícle 3); and African Charter of Human and People´s Rights “Chapter of Banjul” (Article 13). 110 Cf. Organization of American States. Inter-American Democratic Charter. Approved in the twentieth plenary session of the OAS Assembly, celebrated on September 11, 2001 during the Twenty eight Period of Sessions, Article 3. Acknowledges that: [e]ssential elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political parties and organizations, and the separation of powers and independence of the branches of government. Cf. UN. Human Rights Council, Background