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the proceeding. In a sense –to use an expression evoked in evidentiary matters –the “fruits
of a poisonous tree.”
11.
This is what the Court has manifested in the judgment of Usón Ramírez, a decision
which is similar –but not identical –to other cases which have been held similarly. It was
different in the case of Castillo Petruzzi, a decade prior, wherein the Inter-American Court
indicated that the tribunal which saw the case lacked subject-matter and personal
jurisdiction, as well as independence and impartiality, and that it subsequently analyzed the
facts constituting diverse violations to the guarantees recognized in Article 8(2). The
detailed test of the characteristics encompassing each violation had significant relevance in
the period in which the Tribunal was formulating extensive legal doctrine regarding due
process in criminal matters.
12.
I would like to emphasize that the opinion I am expressing in concurrences with the
criterion adopted by the Inter-American Court in the case of Usón Ramírez, does not in the
most minimum –I highlight with emphasis –that the Tribunal cannot or should not review,
apart from the failure of a competent judge, the acts of violation that may have concurred
with the case and analyzed the factors which accredit their incompatibility with the
procedural obligations specified in Article 8(2).
13.
It is perfectly possible, and most assuredly desirable in most cases, or perhaps in all
cases, that the Tribunal indicate the violations committed and reiterate the interpretation of
the terms encompassed in Article 8(2). It is in this sense that this jurisdiction acts,
attending to its protective nature its jurisdictional mission, when it admits---or better yet,
favors, with all the reason, as we have seen in many occasions—an ample exposition of
facts and legal considerations, which inform the said judgment, including the cases wherein
the State recognizes its responsibility, namely, when the confession of the facts and the
admission of the claims concur---a situation which can be identified as a “search.” In other
procedural orders, this recognition would evince a conclusory process, and without more, a
stay of proceedings. Fortunately, the new Inter-American Court Rules of Procedure have
changed the regulation of these procedural acts and modified concepts which should have
been suppressed.
Sergio García Ramírez
Judge
Pablo Saavedra Alessandri
Secretary
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