HRF Welcomes IA Court HR Ruling on Case of Lopez Mendoza
HRF Welcomes IACourtHR Ruling on Case of López Mendoza, Asks Venezuela to Comply
NEW YORK (September 19, 2011) – The Human Rights Foundation (HRF) welcomes the Inter-American Court of Human Rights (IACourtHR ) ruling in the case of López Mendoza v. The Bolivarian Republic of Venezuela. The ruling, published Friday in Spanish, determined that the disqualification of opposition politician López Mendoza violated his political rights under Article 23 of the American Convention on Human Rights. The IACourtHR also asked Venezuela to lift Lopez Mendoza’s disqualification.
This decision confirms that the only way to impose sanctions that ban a person from standing for election or holding public office, is through criminal conviction, and not through administrative or judicial interim decisions.
"The Court’s ruling makes this a landmark case for the entire region, as it affects not only Venezuela, but countries like Argentina, Bolivia, Chile, Colombia, Costa Rica, Mexico, and Peru—all of which allow restrictions on political rights that fall below the criminal conviction standard," said Javier El-Hage, general counsel of HRF.
On February 25, HRF filed an amicus curiae brief with the IACourtHR and asked the Court to ratify the standard set in Article 23 of the Convention, under which the state may deprive a person of their political rights only after that individual is convicted as the result of a criminal trial according to due process. In 2008, with no court sentence and under charges of corruption, López Mendoza was banned from running in any election in Venezuela for the next six years.
In 2008, polls predicted López Mendoza as a favorite to win election to the office of mayor of Caracas. Today, López Mendoza is a possible candidate for the 2012 presidential elections, and hopes to stand in the primary elections that will be convened by “La Mesa de la Unidad,” a coalition of political parties that oppose President Hugo Chávez.
In June of 1981, the Venezuelan state recognized the jurisdiction of the IACourtHR, thus rendering its rulings are binding in that country. “Given that López seeks to enter the presidential race, if Venezuela does not comply with the ruling, then the 2012 presidential elections can hardly be considered fair, according to the international minimum standard for elections," concluded El-Hage.
HRF is a nonprofit nonpartisan organization that protects and promotes human rights globally, with an expertise in the Americas. We believe that all human beings are entitled to freedom of self-determination, freedom from tyranny, the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF does not support nor condone violence. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Václav Havel, Mutabar Tadjibaeva, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.
Contact: Pedro Pizano, pedro@thehrf.org, Office: +1 (212) 246.8486
Read the March 1 release “HRF Files Amicus Brief with the Inter-American Court of Human Rights; Court’s Decision Could Set Precedent for Protecting Political Rights” here.
Read the amicus brief filed by HRF with the Inter-American Court of Human Rights here.
To learn more about López Mendoza’s case, watch his speech at HRF’s annual conference, the Oslo Freedom Forum
NEW YORK (September 19, 2011) – The Human Rights Foundation (HRF) welcomes the Inter-American Court of Human Rights (IACourtHR ) ruling in the case of López Mendoza v. The Bolivarian Republic of Venezuela. The ruling, published Friday in Spanish, determined that the disqualification of opposition politician López Mendoza violated his political rights under Article 23 of the American Convention on Human Rights. The IACourtHR also asked Venezuela to lift Lopez Mendoza’s disqualification.
This decision confirms that the only way to impose sanctions that ban a person from standing for election or holding public office, is through criminal conviction, and not through administrative or judicial interim decisions.
"The Court’s ruling makes this a landmark case for the entire region, as it affects not only Venezuela, but countries like Argentina, Bolivia, Chile, Colombia, Costa Rica, Mexico, and Peru—all of which allow restrictions on political rights that fall below the criminal conviction standard," said Javier El-Hage, general counsel of HRF.
On February 25, HRF filed an amicus curiae brief with the IACourtHR and asked the Court to ratify the standard set in Article 23 of the Convention, under which the state may deprive a person of their political rights only after that individual is convicted as the result of a criminal trial according to due process. In 2008, with no court sentence and under charges of corruption, López Mendoza was banned from running in any election in Venezuela for the next six years.
In 2008, polls predicted López Mendoza as a favorite to win election to the office of mayor of Caracas. Today, López Mendoza is a possible candidate for the 2012 presidential elections, and hopes to stand in the primary elections that will be convened by “La Mesa de la Unidad,” a coalition of political parties that oppose President Hugo Chávez.
In June of 1981, the Venezuelan state recognized the jurisdiction of the IACourtHR, thus rendering its rulings are binding in that country. “Given that López seeks to enter the presidential race, if Venezuela does not comply with the ruling, then the 2012 presidential elections can hardly be considered fair, according to the international minimum standard for elections," concluded El-Hage.
HRF is a nonprofit nonpartisan organization that protects and promotes human rights globally, with an expertise in the Americas. We believe that all human beings are entitled to freedom of self-determination, freedom from tyranny, the rights to speak freely, to associate with those of like mind, and to leave and enter their countries. Individuals in a free society must be accorded equal treatment and due process under law, and must have the opportunity to participate in the governments of their countries; HRF’s ideals likewise find expression in the conviction that all human beings have the right to be free from arbitrary detainment or exile and from interference and coercion in matters of conscience. HRF does not support nor condone violence. HRF’s International Council includes former prisoners of conscience Vladimir Bukovsky, Palden Gyatso, Václav Havel, Mutabar Tadjibaeva, Ramón J. Velásquez, Elie Wiesel, and Harry Wu.
Contact: Pedro Pizano, pedro@thehrf.org, Office: +1 (212) 246.8486
Read the March 1 release “HRF Files Amicus Brief with the Inter-American Court of Human Rights; Court’s Decision Could Set Precedent for Protecting Political Rights” here.
Read the amicus brief filed by HRF with the Inter-American Court of Human Rights here.
To learn more about López Mendoza’s case, watch his speech at HRF’s annual conference, the Oslo Freedom Forum
Labels: CNE, IACHR, Leopoldo Lopez, Miss Venezuela
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