53 Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice. 170. Argument of the Commission: The trial phase must be public; in other words, the general public must be present and the mass media should have its role. This is the principle upheld in such international norms as articles 14.1 and 14.2 of the International Covenant of Civil and Political Rights, articles 10 and 11.1 of the Universal Declaration of Human Rights, and Article XXVI of the American Declaration of the Rights and Duties of Man. This type of trial must also be: Focused and immediate, which necessarily means that anything that might influence the court ruling must play itself out within the courtroom; in this way, the decision is informed solely by the allegations or evidence entered in the presence of the trial judge, and in a public hearing. 171. Argument of the State: the alleged victims “were judged in proceedings that scrupulously complied with the procedural guarantees established in Peruvian law, especially those relating to due process and the right of defense.” 172. The Court has established that the military proceedings against the civilians accused of having engaged in crimes of treason were conducted by “faceless” judges and prosecutors, and therefore involved a number of restrictions that made such proceedings a violation of due process. In effect, the proceedings were conducted on a military base off limits to the public. All the proceedings in the case, even the hearing itself, were held out of the public eye and in secret, a blatant violation of the right to a public hearing recognized in the Convention. 173. The Court therefore finds that the State violated Article 8(5) of the Convention. XII VIOLATION OF ARTICLES 25 AND 7(6) (JUDICIAL PROTECTION) 174. Article 25 of the Convention states that: 1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 2. The States Parties undertake: a) to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b) to develop the possibilities of judicial remedy; and c) to ensure that the competent authorities shall enforce such remedies when granted.