3
Consequently, the Commission asks the Inter-American Court to order the following
reparation measures:
a)
Provide the measures necessary so that Oscar Alberto Mohamed can promptly file an
appeal in order to obtain a full review of the conviction, in accordance with Article
8.2.h of the American Convention.
b)
Provide legislative and other measures to ensure effective fulfillment of the right
enshrined in Article 8.2.h of the American Convention, in accordance with the
standards described in the report on the merits.
c)
Adopt the measures necessary so that Oscar Alberto Mohamed will receive adequate
and timely reparations for the human rights violations established in the report on the
merits.
In addition to the need to obtain justice for the victim, the IACHR emphasizes that the
instant case considers some issues related to the inter-American public order. First, certain
violations established in the report on the merits occurred as a consequence of a legal
framework that fails to ensure that a person convicted for the first time in a second instance
proceeding has the ability to appeal that decision in accordance with the provisions of Article
8.2.h of the American Convention. In addition, the Commission feels that the instant case
represents an opportunity for the Inter-American Court to develop jurisprudence on the scope of
the principle of legality and non-retroactivity under Article 9 and the right to appeal a decision
under Article 8.2 h) of the Convention, under circumstances like those in the instant case.
In view of the above and pursuant to Article 35.1.f of the Rules of Procedure of the
Court, the Commission offers the following expert testimony regarding the subjects referred to
in the preceding paragraph:
1. Expert whose name will be communicated shortly, who will describe international
standards on the principle of legality and non-retroactivity, the scope of the right to
appeal a decision, as well as the application of those standards to the criminal
prosecution and conviction of the victim in this case.
The curriculum vitae of the expert proposed by the Inter-American Commission is
attached as an annex.
Finally, according to the information available to the IACHR, the person representing the
victim in this case is Mr. Roque J. Mantione. The IACHR has the following contact information
for Mr. Mantione:
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xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
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xxxxxxxxxxxxxxxxx.
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xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.
Respectfully,
Signed in the original
Elizabeth Abi-Mershed
Assistant Executive Secretary