that a similar plea was answered by the Political-Administrative Chamber to resolve the
appeal filed by the victim (supra para. 63 and 85).” The Political-Administrative Chamber
of the Supreme Tribunal noted that "in terms of administrative responsibility, injury and
guilt are not valued with the same rigor as in criminal law, and the mere establishment of
fact enshrined in the law as unlawful or punishable is enough to verify the responsibility
of public official.” In that sense, although the Chamber appreciates “that from the
minutes of the administrative case file the need for justification regarding the approval of
additional appropriations was evident, [...] the actions of both the Mayor of Chacao
Municipality [...] as well as the Councilors who approved the appropriations with
resources that came from Consignment No. 4.07.02.02.04, made them responsible
'objectively' as they were involved in the alleged conduct set out in paragraphs 21 and 22
of Article 91 of the [LOCGRSNCF].” Under the Supreme Tribunal of Justice, “despite the
presumed intention of the municipal authorities of covering other expenses of the
Municipality with the authorization of additional appropriations, the appellant diverted
funds destined for the consignment corresponding to the transfer of funds to the
Metropolitan District of Caracas.” 233
131. Moreover, in this case, the Court finds no sufficient evidence that would allow it to
consider that the victim has been treated as guilty in the proceeding that resulting in the
imposition of fines. Overall, the different levels of oversight, from the start of the
proceedings, granted Mr. López Mendoza respect as if he was a person whose disciplinary
responsibility was still pending a clear and sufficient determination. In the case of
disciplinary conduct, the oversight bodies, through different phases, sought to assess the
potential responsibility of Mr. López Mendoza in regard to the alleged administrative
offenses.
132. Thus, the Court finds that there is no evidence that the State violated Article 8(1)
of the Convention to the detriment of the victim, in relation to the presumption of
innocence in proceedings against him which culminated in the determination of
responsibility and fines.
133. Now, once the arguments have been assessed regarding the controversies that
relate to the imposition of fines, the Court will consider the allegations made by the
parties regarding the alleged violation of judicial guarantees in the early stages of the
proceedings that ended in the sanctions of disqualification from public office.
2. Right to be heard, obligation to establish cause, and right to defense in
relation to the restriction on the right to passive suffrage [stand in an
election]
2.1.
Arguments of the parties
134. The Commission argued that Mr. López Mendoza "was subjected, without legal
notice, to the discretionary decision of an administrative authority [that] was empowered
to impose at the moment it so decided, and without an established time limit, the
[additional] sanctions as serious as political disqualification, without establishing the
cause for such a decision [with additional arguments that support the implementation of
a more onerous punishment than that of a fine and without defining the standards used
233
Judgment of August 5, 2008, of the Political-Administrative Chamber of the Supreme Tribunal of
Justice (Exp. No. 2005-5124) (case file of annexes to the answer to the application, tome XXXV, folios 12873
and 12874).
55
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