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Mexico 9768, 9780 and 9828

matters. They alleged that, even though the remedies under domestic law had been
exhausted, the requirement of exhausting such remedies is not applicable in these cases under
the provisions of Article 46.2 of the Convention, because due process of law is not afforded for
the protection of the rights they deem have been violated. They expressly indicate that the
remedy of amparo is not applicable to political rights, as the Supreme Court of Justice has ruled
time and again.
3.
Petitioners in the three cases allege violation of the free exercise of political
rights, set forth in Article 23 of the American Convention on Human Rights, and Article 8 of the
Convention, which sets out the judicial guarantees that must apply in the determination of their
rights. Furthermore, in case 9828 petitioners allege violations of Article 5 (right to humane
treatment), Article 11 (right to privacy), Article 13 (freedom of expression), Article 15 (right of
assembly), Article 16 (freedom of association), Article 24 (right to equal protection), and Article
25 (right to judicial protection) committed by government agents against PAN supporters during
the campaign.
4.
The Government of Mexico held that two of the cases were inadmissible because
remedies under domestic law had not been exhausted (cases 9768 and 9780). In the third
case, it held that the Inter-American Commission on Human Rights lacks jurisdiction to render a
decision on electoral processes for reasons of national sovereignty and by virtue of the
application of the right of self-determination of peoples. It further held that the remedy of
amparo to guarantee the rights affected in this case was still pending.
5.
In the review of theses cases, the Inter-American Convention on Human Rights
has had the opportunity of studying the various aspects in question and deems it would be
more appropriate to consider the aspects common to all three cases. The nature of the
situations was such that the Commission felt the question would be more appropriately dealt
with under the provisions of Article 41.b of the American Convention on Human Rights,
according to which the Commission has the powers
to make recommendations to the governments of the member states when it considers
such action advisable, for the adoption of progressive measures in favor of human rights
within the framework of their domestic law and constitutional provisions as well as
appropriate measures to further the observance of those rights.
6.
In exercise of such powers, and acting under the provisions of Article 5o of the American
Convention, the Commission sent to the Government of Mexico its recommendations, which are
contained in the report provisionally approved on September 29, 1989, at its seventy-sixth
session. The Government of Mexico presented its comments to the Commission’s report,
repeating some of the arguments already presented and adding new ones. Those arguments
are discussed in section 3 of this report.
2.

Common elements in the three cases

a.

De facto irregularities

7.
The three cases relate to alleged irregularities perpetrated by the institutional
Revolutionary Party (PRI), in government in Mexico, against candidates of the National Action
party (PAN). In the three cases, the claimants offer documentary evidence on the events
denounced, which they consider a violation of their political rights set forth in Article 23 of the
Convention.
8.
The de facto irregularities denounced in case 9768 consist of forgery of the
certificates of the original electoral tally sheets in certain polls. The forgery, according to the
claimant, deals with both the numbers as well as the signatures of political party
representatives and officials, with proof of the aforementioned. As a result, thereof, the
majority which the PAN had obtained became a majority for the PRI.
9.
The de facto irregularities denounced in case 9780 also concern forgeries of the
voter rolls of several electoral polling places, the claimant alleging the he has certified copies of
the original certificates in which the triumph of the PAN is verified, without the Chairman of the
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