was full compliance with the sentence, as well as with the additional penalties.
186. However, on October 7, 2009, Mr. Álvarez filed an action of amparo against the
Electoral Commission of the Professors’ Association of the Central University of Venezuela,173
alleging that he had not been allowed to participate in internal elections.174 The amparo was
upheld by the Electoral Chamber of the Supreme Court, which ordered the Professors’
Association to reinstate Mr. Tulio Álvarez Ramos in its electoral register, thereby allowing him
to vote and be elected in the elections held by that professional association.175 The Commission
and the representatives recalled that that this ruling was appealed by the Office of the
Comptroller General.176 The Constitutional Chamber of the Supreme Court admitted the
remedy of review filed by the Comptroller’s Office and revoked the amparo granted by the
Electoral Chamber.177
187. The Court will now consider whether the aforementioned ruling by the Constitutional
Chamber constituted a violation of Mr. Álvarez’s right to judicial protection, given that he had
already been reinstated in the electoral register. It was also demonstrated that Mr. Álvarez
participated in different electoral processes, exercising his political rights by standing as a
candidate for Mayor of the Autonomous Municipality of El Hatillo in the State Miranda, during
the elections held on November 23, 2008.178 In addition, he was nominated as a candidate by
three political groups.179 Mr. Álvarez is also included in the electoral register of the Professors’
Association of the Central University of Venezuela.180
188. In the context of assessing the simple, prompt and effective remedies contemplated in
Article 25 of the Convention, this Court has held that the procedural institution of amparo
must have the necessary elements for the effective protection of fundamental rights, that is,
it must be simple and brief.181 In that sense, the Court considers that the remedy filed by Mr.
Álvarez by reason of his political disqualification, was effective and resulted in confirmation
that his political disqualification was not applicable to the Professors’ Association of the Central
University of Venezuela. Consequently, Mr. Álvarez participated in the electoral processes for
which he had applied.
189. However, the petition for review filed by the Comptroller’s Office and accepted by the
Constitutional Chamber overturned the decision of the Electoral Chamber because of a
difference of interpretation concerning the modalities of political disqualification existing in the
Venezuelan judicial system. The ruling of review did not refer to Mr. Álvarez’s right, but only
to the fact that the Electoral Chamber had limited the extent of the political disqualification to
those hypotheses resulting from the final criminal conviction, and for not having stated that
“Article 65 of the Constitution of the Bolivarian Republic of Venezuela does not preclude the
possibility that such disqualification may be established by an administrative body stricto
sensu or by a functionally autonomous body.”
190.
The Court considers that a judicial remedy was available to Mr. Álvarez (action of
Cf. Judgment of November 25, 2009, issued by the Electoral Chamber of the Supreme Court (evidence file, folio
129).
174
Cf. Judgment of November 25, 2009, folios 130 to 133.
175
Cf. Judgment of November 25, 2009, folios 134 to 139.
176
Cf. Judgment of November 3, 2010, folios 144 to 159.
177
Cf. Judgment of November 3, 2010, folios 149 to 159.
178
Cf. Gacetilla Electoral, 2008 regional elections in the State of Miranda, published by the National Electoral Council.
November 2008 (evidence file, folios 1209 and 1210).
179
Cf. Gacetilla Electoral, 2008 regional elections in the State of Miranda.
180
Cf. Final electoral register. Consultative Referendum of April 27, 2017. Professors’ Association of the Central
University of Venezuela (evidence file, folio 1316).
181
Cf. Case of the Kichwa Indigenous People of Sarayaku v. Ecuador. Merits and reparations. Judgment of July 27,
2012, Series C, No. 245, para. 272.
173
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