of legality to establish that the State is not responsible for a violation of the right to participate in government established in Article 23 of the Convention, to the detriment of Mr. Rico. 111. Notwithstanding the foregoing, this Court recalls what was stated in Chapter IV of this Judgment regarding the fact that both the SCPBA and the CSJN affirmed that Mr. Rico had not challenged the constitutionality of the ineligibility sanction imposed on him when he filed the REF, nor in any other remedy that he could have filed through other channels. In turn, neither the Commission nor the representatives presented specific elements or allegations that would allow this Court to analyze and determine whether or not the ineligibility sanction imposed on Mr. Rico could have constituted an infringement of his right to participate in government pursuant to Article 23(1)(c) of the American Convention. VIII. OPERATIVE PARAGRAPHS 112. Therefore, THE COURT DECIDES, Unanimously, 1. To declare the preliminary objection admissible, pursuant to paragraph 20 of this judgment. 2. To reject the preliminary objection filed by the State, pursuant to paragraphs 15 to 19 of this judgment. DECLARES, Unanimously, that: 3. The State is not responsible for the violation of Article 8 of the American Convention on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 49 to 85 of this judgment. 4. The State is not responsible for the violation of Article 9 of the American Convention on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 102 to 109 of this judgment. 5. The State is not responsible for the violation of Article 23 of the American Convention on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 110 to 111 of this judgment. 6. The State is not responsible for the violation of Article 25 of the American Convention on Human Rights, in relation to Article 1(1) of this instrument, pursuant to paragraphs 88 to 99 of this judgment. AND ORDERS: -27-

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