carried out a position as National Director of a political organization “Redes Populares”
[Popular Networks,] where he carried out activities of a political nature198; v) presented
the electoral proposal “TU Todos Unidos” [You, All United] 199, and iv) ran as a part of the
Partido Voluntad Popular [Popular Will Party]. 200
VI
RIGHT TO PARTICIPATE IN GOVERNMENT [POLITICAL RIGHTS], RIGHT TO FAIR
TRIAL [JUDICIAL GUARANTEES], JUDICIAL PROTECTION, AND EQUAL
PROTECTION BEFORE THE LAWIN RELATION TO THE OBLIGATION TO RESPECT
RIGHTS AND DOMESTIC LEGAL EFFECTS
1. Arguments of the parties
95.
Regarding the alleged violation of Articles 23201, 8202, and 25203 in relation to
Articles 1(1)204 and 2205 of the American Convention, the Commission noted that "the
annexes to the answer to the application, tome XXXVIII, annex F, folios 13667 al 13671). See also, copy of the
portal to the National Electoral Council, wherein there is proof of Mr. López Mendoza’s qualification in the year
2009 (case file of annexes to the answer to the application, tome XXXVIII, annex F, folio 13656).
198
Copy of newspaper articles where there is proof that Mr. López Mendoza acted as Coordinator of the
“Redes Populares” (case file of annexes to the answer to the application, tome XXXVIII, annex F, folio 13684).
199
Copy of newspaper articles where there is evidence of the presentation of the electoral offer of “TU
Todos Unidos” on behalf of Mr. López Mendoza (case file of annexes to the answer to the application, tome
XXXVIII, annex F, folio 13684).
200
Copy of newspaper articles where there is evidence of Mr. López Mendoza’s announcment regarding
the creation of the Partido Voluntad Popular (case file of annexes to the answer to the application, tome
XXXVIII, annex F, folios 13682 to 13683 and 13689 to 13691).
201
202
Article 23 of the American Convention (Right to Participate in Government [Political Rights])
established that:
1. Every citizen shall enjoy the following rights and opportunities: a. to take part in the conduct of
public affairs, directly or through freely chosen representatives; b. to vote and to be elected in genuine
periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees
the free expression of the will of the voters; and c. to have access, under general conditions of
equality, to the public service of his country.
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding
paragraph only on the basis of age, nationality, residence, language, education, civil and mental
capacity, or sentencing by a competent court in criminal proceedings
Article 8(1) of the American Convention (Right to Fair Trial [Judicial Guarantees]) establishes that:
1.
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil,
labor, fiscal, or any other nature.
203
Article 25(1) of the American Convention (Judicial Protection) establishes that:
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court
or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws
of the state concerned or by this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
204
Article 1(1) (Obligation to Respect Rights) of the American Convention states that:
1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to
ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social
origin, economic status, birth, or any other social condition.
205
Article 2 of the American Convention (Domestic Legal Effects) established that:
44
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