27 103. In this chapter, the Court shall examine alleged violations in relation to the following matters: a) the right to be tried by a competent and impartial judge or court; b) other procedural issues recognized in Article 8 of the Convention, and c) the right to an effective judicial remedy. A) Right to be tried by a competent and impartial judge or court 104. The Commission alleged that because Mr. Usón had the status of “[a] retired member of the military, [he should have been] considered a civilian” for the purpose of determining the competent judge. The Commission highlighted that the norms that define the criminal military jurisdiction in Venezuela allow “that civilians are tried by military tribunals and that the crimes subject to the criminal military jurisdiction “reach conduct beyond the military sphere and are even found, in a more precise manner, in ordinary criminal legislation.” On the other hand, the Commission alleged that the lack of impartiality and independence of the tribunals that tried Mr. Usón´s case is evidenced by the following facts: a) “the tribunal that processed Mr. Usón Ramírez belonged to the [A]rmed [F]orces, the institution that considered itself aggrieved by the crime of [severe insult] with which he was charged. For that reason, those who were to decide his case had a direct interest therein; b) “[the] Minister of War that ordered the investigation of Mr. Usón [Ramírez] was part of the Court of Cassation at the time that it resolved recourse filed by the accused.” 105. The representatives also alleged a violation of Mr. Usón Ramírez’s right of to be tried by a competent tribunal, for the same reasons cited by the Commission. Additionally, they stressed that the tribunals that heard Mr. Usón Ramírez’s case lacked impartiality and independence, given that: a) “they had a direct interest in the controversy”; b) “the same Military Prosecutor that ordered the investigation against [Mr. Usón Usón Ramírez] knew of the filing for a remedy in the face of a conviction” as a magistrate of the Supreme Tribunal of Justice; and c) “ the Military Prosecutor in the case [was designated by] the Minister of Defense, by order of the President of the Republic.” 106. The State alleged that the jurisdiction that was “appropriate to hear the case of General Francisco Usón[, a general now reitred] is the […] military and not the civil forum.” In that regard, it indicated that “when a service member retires, he is no longer providing an active service to the Armed Forces,” but that does not imply “that he is no longer a service member and becomes a civilian.” Instead, according to Venezuelan law, retirement “ is one of the possible relationships with the Armed Forces, which does not break the juridical and administrative links that a person has with the institution.” Similarly, the State indicated that “if the legislators did not include the National Armed Forces in the crime [of slander] set forth in the Criminal Code, […] it was because they delegated hearing such a crime to the criminal military jurisdiction.” It alleged, as well, that ”saying […] that because the Armed Forces was the institution which was offended and the judges […] are part of the been committed by persons acting in the course of their official duties. 85 Article 1(1) of the Convention establishes that : The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 86 Article 2 of the Convention states that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.