substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: … b. prior notification in detail to the accused of the charges against him; c. adequate time and means for the preparation of his defense; … h. the right to appeal the judgment to a higher court. 59. Article 9 of the American Convention provides, “No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed.” 60. Article 25.1 of the American Convention states: 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. 61. The Commission analyzes the established facts in the light of the above-cited provisions in the following order: (i) the right to be informed of the basis of the accusation, the right of defense, the principle of legality, and the obligation to justify decisions in the framework of the administrative proceeding; and (ii) the rights to appeal against punitive decisions and to judicial protection. 1.1. The right to be informed of the basis of the accusation, the right of defense, the principle of legality, and the obligation to justify decisions in the framework of the administrative proceeding 1.1.1. General considerations 62. The right to a fair trial comprises the set of requirements that must be met in procedural instances in order to enable individuals to adequately defend their rights against any act by the State. 70 The right to judicial protection, for its part, entails the duty of states to provide an effective judicial remedy against acts that violate the rights of persons under their jurisdiction. 71 63. The Commission also considers it timely to recall that: the investigation by [the] authorities of a State’s alleged violation of international obligations may face the [Commission and the] Court with the need to examine the related domestic proceedings. Based on the above, domestic proceedings must be considered as a whole and 70 I/A Court H.R., Genie Lacayo Case v. Nicaragua. Judgment of January 29, 1997. Series C. No. 30, par. 74; I/A Court H.R., Case of Claude-Reyes et al. v. Chile. Judgment of September 19, 2006. Series C. No. 151, par. 116: and I/A Court H.R., Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and 8 of the American Convention on Human Rights). Advisory Opinion OC-9/87. October 6, 1987. Series A, No. 9, par. 27. 71 I/A Court H.R., Case of the Constitutional Court v. Peru. Merits, Reparations and Costs. Judgment of January 31, 2001. Series C. No. 71, par. 89; and Case of the Dismissed Congressional Employees (Aguado-Alfaro et al.) v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 24, 2006. Series C. No. 158, par. 122. 13