proved that there was any justification for the inaction of the judicial authorities, the long
periods of time during which nothing was done, the prolonged delay in the criminal
proceedings, and the delay arising from the conflicts of competence. Consequently, the Court
considers that the judicial authorities did not employ due diligence to reach a decision in the
criminal proceedings.
368. Taking into account: (i) that in this case the integrity of the Hacienda Brasil Verde
workers was in danger; (ii) the consequent urgency as a result of their situation of working
in conditions similar to slavery, and (iii) the importance of deciding the proceedings in order
to make reparation to the workers, as well as to halt the situation of slavery that existed in
the haciendas, the Court considers that the State had a special obligation to act with due
diligence and that it failed to comply with this obligation. Consequently, the Court concludes
that the State violated the judicial guarantee of due diligence established in Article 8(1) of
the American Convention on Human Rights, in relation to Article 1(1) of this instrument, to
the detriment of the 43 Hacienda Brasil Verde workers who were found during the inspection
of April 23, 1997, and who have been identified by the Court in this judgment (supra para.
199).
B.2. Reasonable time
369. With regard to the promptness of the proceedings, the Court has indicated that the
“reasonable time” referred to in Article 8(1) of the Convention must be assessed in relation
to the total duration of the proceedings until a final judgment is handed down. 483 The right
of access to justice implies that a dispute must be decided within a reasonable time, 484
because a prolonged delay may, of itself, constitute a violation of the judicial guarantees.485
370. Regarding the presumed failure to comply with the judicial guarantee of reasonable
time in the criminal proceedings, the Court will examine the four criteria it has established in
its case law in this regard: (i) the complexity of the matter; (ii) the procedural activity of the
interested party; (iii) the conduct of the judicial authorities, and (iv) the effects generated
on the legal situation of the person involved in the proceedings. 486 The Court recalls that it
corresponds to the State to justify, based on these criteria, why it has required the time that
has elapsed in order to hear the case and, if it fails to do so, the Court has broad powers to
reach its own conclusions in this regard.487
371. In this case, the criminal proceedings relating to the April 1997 inspection began with
the complaint filed by the Federal Public Prosecution Service in June that year and concluded
with the declaration of prescription in 2008 (supra para. 157); thus, the proceedings lasted
approximately 11 years. Consequently, the Court will now determine whether the time that
passed was reasonable based on the criteria established in its case law.
i)
Complexity of the matter
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of November 12, 1997. Series C No. 35, para. 71, and
Case of Quispialaya Vilcapoma, para. 176.
483
484
Cf. Case of Suárez Rosero v. Ecuador. Merits, para. 71, and Quispialaya Vilcapoma, para. 176.
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs.
Judgment of June 21, 2002. Series C No. 94, para. 145, and Case of Tenorio Roca, para. 237.
485
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 192, para. 155, and Case of Tenorio Roca, para. 238.
486
Cf. Case of Anzualdo Castro v. Peru. Preliminary objection, merits, reparations and costs. Judgment of September
22, 2009. Series C No. 202, para. 156, and Case of Quispialaya Vilcapoma, para. 178.
487
93