75
142. On the question of whether the alleged victims’ representatives may include
facts or rights other than those included in the original application, this Court has
previously held that:
[w]ith respect to inclusion of rights other than those already encompassed by the
application filed by the Commission, the Court deems that the applicants can invoke said
rights. It is they who are entitled to all the rights embodied in the American Convention,
and not admitting this would be an undue restriction of their status as subjects of
International Human Rights Law. It is understood that the above, pertaining to other
rights, adheres to the facts already contained in the application. 107
143. Therefore, the Court will examine the alleged violation of Article 8 of the
Convention, which the alleged victims’ representatives asserted in their written brief
of pleadings, motions and evidence.
144. It is a basic principle of the law on the international responsibility of States,
embodied in international human rights law, that every State is internationally
responsible for any action or omission committed by any of its branches of power or
organs in violation of internationally recognized rights. 108 In the case of the actions
or omissions of domestic courts, Article 8 of the Convention spells out the scope of
that principle whereby the international responsibility of a State is engaged by the
actions or omissions of any and all State organs. 109
145. States have the responsibility to embody in their legislation, and ensure
proper application of, effective remedies and guarantees of due process of law before
the competent authorities, which protect all persons subject to their jurisdiction from
acts that violate their fundamental rights or that lead to the determination of the
latter’s rights and obligations. 110
146. In similar cases this Court has held that “[i]n order to clarify whether the
State has violated its international obligations owing to the acts of its judicial organs,
the Court may have to examine domestic proceedings” 111 to determine whether they
are compatible with the American Convention.
147. With regard to the criminal proceedings, when addressing the matter of
judicial guarantees, also known as procedural guarantees, the Court has established
that all the Article 8 requirements, which “are designed to protect, to ensure or to
assert the entitlement to a right or the exercise thereof”, 112 must be complied with;
107
Cf. Case of Maritza Urrutia, supra note 7, para. 134; Case of Myrna Mack-Chang, supra note 7,
para. 224; and the Case of “Five Pensioners”. Judgment of 28 February 2003. Series C No. 98, para. 155.
108
Cf. Case of Juan Humberto Sánchez, supra note 20, para. 142; the Case of “Five Pensioners”,
supra note 107, para. 163; and the Case of “Street Children” (Villagrán Morales et al.). Judgment of
November 19, 1999. Series C No. 63, para. 220.
109
Case of “Street Children” (Villagrán Morales et al.), supra note 108, para. 220.
110
Cf. Case of Baena-Ricardo et al. Competence. Judgment of November 28, 2003. Series C No.
104, para. 79; Case of Cantos. Judgment of November 28, 2002. Series C No. 97, para. 59; and the Case
of Mayagna (Sumo) Awas Tingni Community, Judgment of August 31, 2001. Series C No. 79, para. 135.
111
Cf. Case of Myrna Mack-Chang, supra note 7, para. 200; Case of Juan Humberto Sánchez, supra
note 20, para. 120; and Case of Bámaca-Velásquez. Judgment of 25 November 2000. Series C No. 70,
para. 188.
112
Cf. Case of Maritza Urrutia, supra note 7, para. 118; Case of Myrna Mack-Chang, supra note 7,
para. 202; Case of Juan Humberto Sánchez, supra note 20, para. 124; and Habeas Corpus in Emergency
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