2 I 1. This case was submitted to the Inter-American Court of Human Rights (hereinafter "the Court" or "the Inter-American Court") by the Commission by note of May 25, 1994, which was accompanied by Report Nº 17/94 (Case 11.086) of February 9, 1994. 2. The Commission submitted this case in order for the Court to determine whether there had been a violation, by the Government, of the American Convention on Human Rights (hereinafter "the Convention" or "the American Convention") "by virtue of the sentencing of Guillermo José Maqueda, an Argentine citizen, to ten (10) years of imprisonment, in violation of the Convention." The Commission asked the Court to declare that Argentina has, to the detriment of the alleged victim, violated: the right to a hearing by an impartial tribunal (Article 8(1)); the right to be presumed innocent (Article 8(2)); and the right to appeal the judgment to a higher court (Article 8(2)(h)), together with the judicial guarantees provided for by Article 25, all of the above in relationship to the generic obligation to respect the rights and freedoms recognized in the Convention and to ensure their free and full exercise pursuant to Article 1(1) thereof. It also asked the Court to declare that the State of Argentina violated Article 2 of the Convention for failure to adopt the necessary internal legal measures to guarantee the right provided for in Article 8(2)(h). It further asked the Court: 2. That it declare that the State of Argentina must order the immediate release of Guillermo Maqueda by means of pardon or commutation of sentence. 3. That it declare that the State of Argentina must provide adequate reparation and indemnification to Guillermo Maqueda in consideration of the serious damage inflicted on him —both materially and morally— as a consequence of the violation of his rights as protected under the Convention. 4. That it declare that the State of Argentina is obligated to establish a regular mechanism to ensure the right to appeal in the procedure established by law 23.077, with the purpose of making said rule compatible with the American Convention as establishes on with its Article 2. 5. That it sentence the Government of Argentina to pay court costs and attorneys' fees in relationship to these proceedings. 3. According to the petition, Guillermo Maqueda was an active member of Movimiento Todos por la Patria (hereinafter "MTP" - All for the Fatherland Movement), "a political movement of a democratic nature that is legally recognized" in Argentina. On January 22, 1989 Mr. Maqueda attended a meeting together with other members of the MTP, where one of the leaders Mr. Francisco Provenzano, informed them about the possibility of a military uprising at a base in the La Tablada area —not an exceptional occurrence in Argentina in 1989, where there had been several military uprisings as well as rumors of possible uprisings. Motivated by the possibility of such an uprising the participants discussed the organization of several activities to promote and protect democracy and constitutional order. Mr. Maqueda was then informed that a group of persons would take part in a peaceful demonstration against the uprising, as had been done on previous occasions. Consistent with his democratic convictions, Mr. Maqueda decided to participate in said act of protest. 4. According to the Commission, when Guillermo Maqueda and other members of the MTP, arrived on the morning of the following day near the La Tablada base, they found a different situation from what they expected: an armed confrontation resulting from the actions of a group of persons who were attempting to take the base, a circumstance that prevented them from carrying out the scheduled peaceful demonstration. A few hours later Mr. Maqueda left the area.