115
g)
if no sentences have yet been handed out in the inquiries into the
fires, it is because it is materially impossible for the judge to determine who
set the fire. A basic rule of constitutional and criminal law holds that “no one
may be forced to testify against himself.” Naturally, none of the witnesses
who were former inmates in Cellblock No. 8 has provided any clues to identify
the author or authors of the serious crime.
Considerations of the Court
238.
Article 25 of the Convention reads as follows:
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.
239. This Court has held that the primary purpose of international protection of
human rights is to defend the individual against the arbitrary exercise of State
power.195
240. Working from the facts proven in the case sub judice, the Court must
determine whether the petition of generic habeas corpus filed on November 12, 1993
on behalf of the inmates in the Center at that time and granted on July 31, 1998, on
behalf of 239 inmates in the Center as of that date (supra paragraphs 134.27 and
134.28), met the requirements established in Article 25 of the Convention.
241. The State accepted responsibility for the violation of Article 25(1) of the
Convention “owing to the ineffectiveness of the constitutional writ of habeas corpus
that had ordered the juveniles transferred from the Center to a proper facility
befitting their dignity as human beings.”
However, the State acknowledged
responsibility only in the case of those persons named in paragraph c) of the petitum
in the brief answering the application, “inasmuch as some of those persons may have
been incarcerated [in the Center] in 1998, the year Judgment 652 was delivered.”
195
Cf. Case of Baena Ricardo et al. , supra note 179, para. 78; Case of the “Five Pensioners”, supra
note 55, para. 126; and Case of the Constitutional Court . Competence. Judgment of September 24, 1999.
Series C No. 55, para. 89.
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