57
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;
[...]
56.
Article 25 of the Convention provides that:
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
th[e] Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
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;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce such remedies when granted.
57.
Article 1(1) of the Convention provides that
[t]he 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.
58.
Article 2 of the Convention establishes that
[w]here 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.
59.
The Commission and the representatives allege, as a basic point, the
ineffectiveness of the procedures established by Paraguayan legislation to respond to
claims to ancestral territory and to give effect to the right to property of the
members of the Yakye Axa Indigenous Community, despite multiple steps taken by
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