7/8/2020 Mexico 9768, 9780 and 9828 that that right has been affected, under Article 25 of the Convention and to guarantee the right of every person to be heard by a competent, independent, and impartial judge or tribunal for the determination of rights and obligations. In order to determine the adequacy of the behavior of the Mexican government with respect to obligations contracted under the American Convention, said government has also accepted that the Inter-American Commission on Human Rights systematically give opinions on such matters, exercising the powers granted to it by said international instrument, without said powers having ever been questioned. 5. Issues in this case 99. The three denunciations hold that the elections held were not authentic because they did not adequately represent the popular. As for the specific allegations, the Commission has decided to refrain from making any reference to the de facto situations alleged in these cases because the validity of some of the allegations would have to rest on a presence of the Commission during the electoral campaign and at the time of the voting. To this should be added the fact that the Commission did not engage in any exhaustive monitoring of the situation in Mexico, as had been done in certain cases in which it has issued judgments on electoral processes and even made inspection visits to some of the countries concerned. Accordingly, it neither accepts nor denies the veracity of the facts as alleged. This precludes the possibility that the Commission comment on the origin of the mandate of the officials chosen in these elections. At present, this is also the intention of the claimants. 100. In relation with the internal remedies and guarantees in Mexico, the matter to be examined is whether Mexican law offers adequate means or a simple and quick remedy or of “any other effective remedy before competent judges or independent and impartial courts” that protect those who petition against “acts that violate their fundamental rights,” as is the case with political rights. The Commission has been able to perceive that no such remedy does exist in Mexico. 101. In view of the aforementioned and pursuant to provisions in Article 41, letter c of the Convention, which grants the power to make “recommendations, when appropriate, to the governments of member states in order that they adopt progressive measures in favor of human rights within the framework of their internal laws and their constitutional precepts” and, bearing in mind, moreover, the provisions of Article 2 of the Convention, the Commission deems it advisable to remind the Government of Mexico of its duty to adopt measures of internal law, in accordance with its constitutional procedures and the provisions of the Convention, whether legislative or of another character, necessary to make effective the rights and liberties which the Convention recognizes. 102. The Commission must remind the Government of Mexico at this time that its duty is to assure the free and full exercise of political rights and judicial protection in accordance with Article 1.1 of the American Convention. In this regard, the Commission must mention that it has been informed that there is underway an active process of reform of the electoral laws. The Commission hopes that these reforms will lead to the adoption of standards that will adequately protect the exercise of political rights and create a rapid and effective procedure assuring the protection of the same. The Commission places itself at the disposal of the Government of Mexico to cooperate with it in all matters that might lead to the achievement of these ends in the same way that it has so offered itself to other Governments. The Commission also requests that the Government of Mexico send it information relating to the electoral reform process currently under way, in accordance with Article 43 of the American Convention on Human Rights. [ Table of Contents |Previous | Next ] cidh.org/annualrep/89.90eng/Mexico9768.htm 17/17