the period between the report and the inspection, the State failed to coordinate the active participation of the Federal Police in the said inspection, other than for the protection of the Ministry of Labor’s team. Everything shows that the State failed to act with the required due diligence to prevent adequately the contemporary form of slavery verified in this case and did not act as could reasonably be expected, based on the circumstances of the case, to terminate that type of violation. This failure to comply with the obligation to ensure rights is particularly egregious owing to the context that the State was aware of and the obligations imposed by Article 6(1) of the American Convention and specifically derived from the jus cogens nature of the prohibition. 343. On this basis, the Court considers that the State violated the right not to be subjected to slavery and trafficking in violation of Article 6(1) of the American Convention on Human Rights, in relation to Articles 1(1), 3, 5, 7, 11 and 22 of this instrument, to the detriment of the 85 workers rescued on March 15, 2000, in Hacienda Brasil Verde, and listed in paragraph 206 of this judgment. Additionally, with regard to Antônio Francisco da Silva, that violation also occurred in relation to Article 19 of the American Convention, since he was a minor at the time of the facts. Lastly, Brazil is responsible for the violation of Article 6(1) of the American Convention, in relation to Article 1(1) of this instrument, that occurred in the context of a situation of historical structural discrimination based on the economic status of the 85 workers identified in paragraph 206 of this judgment. VIII-2 THE RIGHTS TO JUDICIAL GUARANTEES477 AND TO JUDICIAL PROTECTION478 Article 8. Right to a Fair Trial: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 477 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a. the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b. prior notification in detail to the accused of the charges against him; c. adequate time and means for the preparation of his defense; d. the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e. the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f. the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; g. the right not to be compelled to be a witness against himself or to plead guilty; and h. the right to appeal the judgment to a higher court. 3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind. 4. An accused person acquitted by a non-appealable judgment shall not be subjected to a new trial for the same cause. 5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice. Article 25. Judicial Protection. 1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 478 2. The States Parties undertake: a. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; 88