other things, the “violation of the right to defense based on the investigative phase and
requested the revocation of the decision that initiated the […] proceeding, since no clear
or specific accusation was made and the right to defense was violated when the
notification established in Article 79 of the [LOCGRSNCF] was made, wherein the alleged
reason or motive for responsibility was not indicated, nor was it stated that harm was
incurred upon the public good, to which it is an act that is thereby both flawed and void.”
83
He also noted, similarly, that in the “Report on Results the elements are not set out
that establish the elements of the charge.” 84
54.
On October 29, 2004, the Deciding Order was made by Office of the Determination
of Responsibility of the Comptroller General of the Republic, 85 wherein the following was
stated:
The ADMINISTRATIVE RESPONSIBILITY IS DECLARED of the citizens:
LEOPOLDO LÓPEZ MENDOZA, […], for the mentioned facts herein:
IN CONCERT WITH THE INTERESTED PARTIES IN A CONTRACT SEEKING A PARTICULAR
RESULT, [...] regarding the donation to the Project entitled "Expansion and Consolidation
of Justice for Peace in the States of Monagas, Anzoategui, Sucre, and Delta Amacuro: an
opportunity for equity in a context of Regional economic growth "in the amount of SIXTY
MILLION SIXTY THOUSAND BOLIVARES (8s. 60.060.000.00), an act that generated
responsibility established in paragraph 7 of Article 113 of the Organic Law of the
Comptroller General of the Republic, in force at the time of the occurrence of the events,
currently contained in section 20 of Article 91 of the [LOCGRSNCF].
CARRYING OUT OF CONTRACT BY THIRD PARTY, [...] in regard to two (2) donations
received by the Civil Association Primero Justicia, that is: 1) for the amount of SIXTY
MILLION SIXTY THOUSAND BOLIVARES (Bs 60,060,000.00) in relation the Project
entitled "Expansion and Consolidation of the Justice for Peace of the States of Managas,
Anzoategui, Sucre, and Delta Amacuro: an opportunity for equity in a context of regional
economic growth," and 2) the amount of TWENTY-FIVE MILLION BOLIVARES
(25.000,000,00 Bs), related to the project entitled "Educating for Justice (1998-1999),”
events which generated administrative responsibility as established in numeral 5 of
Article 113 of the derogated Organic Law of the Comptroller General of the Republic, in
force at the time of the occurrence of events, enshrined at the moment in numeral 4 of
Article 91 of the [LOCGRSNCF]. 86
55.
Given this declaration of responsibility, the Order imposed a fine on Mrs. Mendoza
López and on Mr. López Mendoza in the amount of one million two hundred forty-three
thousand two hundred Bolivares (Bs, 1,243,200.00) each. The fine imposed on Mr. López
Mendoza was equivalent, at the time of the events, to U.S$ 647.50 dollars pursuant to
the value of the official exchange rate of the Banco Central de Reserva de Venezuela
[Central Bank Reserve of Venezuela], confirmed by the parties in their final written
arguments.
83
Act of the public hearing carried out by the Office of Determination of Responsibility on October 5,
2004 (case file of annexes to the answer to the application, tome XI, annex A, folio 5828).
84
Act of the public hearing carried out by the Office of Determination of Responsibility of October 5,
2004, supra note 83, folio 5828.
85
Cf. Deciding order of the Office of Determination of Responsibility of October 29, 2004 (Case file of
annexes to the application, tome I, annex 3, folios 117 to 216).
86
Deciding order of the Office of Determination of Responsibility of October 29, 2004, supra note 85,
folios 212 to 213.
25