Apart from the need to obtain justice for the failure to comply with the recommendations made in
the merits report, the Commission believes that this case raises issues of inter-American ordre public.
Specifically, the case could be used to build upon the case law on a fundamental aspect of due process,
which is the principle of presumption of innocence. It is an opportunity for the Court to establish the
considerations that must be taken into account to determine whether, based on international human rights
law, that principle was violated in a given case, without delving into an analysis of criminal law.
Specifically, the Court could issue a finding concerning the close relationship that exists between the duty
to provide a statement of reasons and the principle of presumption of innocence in cases like the present
one, where the act through which that principle was violated is the reasoning of the judgment.
Because the issues that this case raises have a significant impact on inter-American ordre public, in
keeping with Article 35(1)(f) of the Rules of Procedure of the Inter-American Court the Inter-American
Commission will offer the following expert’s statement:
An expert, whose name will be reported shortly, who will make a statement about the principle
of presumption of innocence and the specific criteria that international human rights law offers to
determine whether that principle has been violated. The expert will make reference to the case law in
other systems for the protection of human rights and, if appropriate, to the case law of constitutional
courts. The expert will also analyze the relationship between the principle of presumption of innocence
and the duty to give reasoned judgments. To illustrate, the expert may cite the facts in this case.
The expert’s curriculum vitae will be included among the annexes to merits report 9/14. The
Commission informs the Court that during the processing of this case, Mr. Agustín Bladimiro Zegarra Marín
represented himself. The contact information the Commission has on file is the following:
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Please accept renewed assurances of my highest regards,
Signed in the original
Mario López-Garelli
By authorization of the Executive Secretary