omissions of the domestic judicial organs in light of the guarantees protected in Article 8 of this
treaty. 376 The Court recalls that it is a basic principle of the international rule of law, reflected in
international human rights law, that every State is internationally responsible for each and every act
or omission of any of its powers or organs that violates the internationally recognized rights. 377
258. When referring to the judicial guarantees protected by Article 8 of the Convention, also
known as procedural guarantees, the Court has established that, in order for these guarantees to
truly exist, all the requirements that serve to protect, ensure and assert the ownership or exercise
of a right must be observed; 378 in other words, the conditions that must be met to ensure the
adequate defense of those whose rights or obligations are being considered by the courts. 379 This
provision of the Convention establishes a system of guarantees that condition the exercise of the ius
puniendi of the State and that seek to ensure that the accused is not subjected to arbitrary
decisions, because “the due guarantees” must be observed that ensure the right to due process in
the proceedings in question. 380 Furthermore, the Court has indicated that any persons subject to a
trial of any nature before an organ of the State must have the guarantee that the said organ acts in
accordance with the procedure established by law to hear and decide the case submitted to it. 381
259. Regarding the non bis in idem principle recognized in Article 8(4) of the Convention, the
Court has established that this principle seeks to protect the rights of individuals who have been
prosecuted for certain acts, to ensure that they will not be tried again for the same acts. Contrary to
the formula used by other international instruments for the protection of human rights (for
example, the United Nations International Covenant on Civil and Political Rights, Article 14(7) of
which refers to the same “offense”), the American Convention uses the expression “the same
cause,” which is a broader term that benefits the person accused or prosecuted. 382
260. The Court has maintained repeatedly that the elements of the situation regulated by Article
8(4) of the Convention include a first trial that culminates in a final judgment acquitting the
accused. 383 The Court has also indicated that criminal proceedings are a single act implemented in
different stages, 384 including the ordinary appeals that are filed against the judgment. 385
261. In the instant case, the Court notes that Ms. J. was acquitted by the “faceless” Higher Court
of Lima of the offenses of “terrorism” and membership in terrorist organizations” on June 18, 1993.
Mémoli v. Argentina, supra, para. 190.
376
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, para. 220, and Case of
Mémoli v. Argentina, supra, para. 190.
377
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 164, and Case of Castillo González et al. v.
Venezuela. Merits. Judgment of November 27, 2012. Series C No. 256, para. 110.
378
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, supra, para. 147, and Case of Mémoli
v. Argentina, supra, para. 191.
379
Cf. Judicial guarantees en States of emergency (arts. 27(2), 25 and 8 American Convention on Human Rights),
supra, para. 28, and Case of Mémoli v. Argentina, supra, para. 191.
380
Cf. Exceptions to the Exhaustion of Domestic Remedies (Arts. 46.1, 46.2.a and 46.2.b American Convention on
Human Rights). Advisory Opinion OC-11/90 of August 10, 1990. Series A No. 11, para. 28, and Case of Mémoli v.
Argentina, supra, para. 191.
381
Cf. Case of the Constitutional Court v. Peru. Merits, reparations and costs. Judgment of January 31, 2001. Series
C No. 71, para. 77, and Case of Mémoli v. Argentina, supra, para. 191.
382
Cf. Case of Loayza Tamayo v. Peru. Merits, supra, para. 66, and Case of Mohamed v. Argentina, supra, para. 121.
383
Cf. Case of Cantoral Benavides v. Peru. Merits, supra, para. 137, and Case of Mohamed v. Argentina, supra, para.
122.
384
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs, supra, para. 161, and Case of Mohamed v.
Argentina, supra, para. 122.
385
Cf. Case of Loayza Tamayo v. Peru. Merits, supra, para. 66, and Case of Mohamed v. Argentina, supra, para. 122.
77
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents