66
of reasonable term and was clearly ineffective, all this in violation of Articles 8 and
25 of the American Convention, in combination with Articles 1(1) and 2 of that same
Convention.
105. With regard to the amparo remedy and the motions to restrain innovation and
register the complaint, the Court deems that these are ancillary proceedings, which
depend on the administrative land claim proceeding that was already deemed
ineffective by the Court. Therefore, it is unnecessary to enter into further details.
b) Criminal proceeding against members of the Community
106. The representatives alleged that the proceeding against unnamed members of
the Yakye Axa Indigenous Community for the crimes of invasion of property, grave
coercion and theft, before the Trial Court for Criminal Matters and Correctional
Affairs for Minors of the Judicial Circumscription of Concepción (supra paras. 50.79 to
50.90), was conducted without due procedural guarantees, as the members of the
Community were not allowed to appoint a defense attorney and were unable to
exercise their right to defense, which did not allow them to exercise other rights such
as prior and detailed communication of the charges and the right to examine and to
offer witnesses and expert witnesses.
107. The State, in turn, asserted that it granted full participation of the attorneys
for the alleged victims and all procedural and legal mechanisms to attain their rights.
108. With regard to judicial or procedural guarantees embodied in Article 8 of the
Convention, this Court has stated that the proceeding must comply with all
formalities “designed to protect, to ensure or to assert the entitlement to a right or
the exercise thereof”184, in other words, the “conditions necessary to ensure the
adequate representation or management of the interests or claims of those whose
rights or obligations are under judicial consideration”.185
109. The Court has established 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”,186 to determine whether they are
compatible with the American Convention. In light of the above, it is necessary to
consider the domestic proceedings as a whole, including the decisions of appellate
courts. The role of the international Court is to establish whether the procedure as a
whole, including admission of evidence, was in accordance with the Convention.187
110. Given the specific characteristics of the case and the nature of the alleged
abridgments asserted by the representatives, as well as the pleadings of the State,
184
See Case of Lori Berenson, supra note 2, para. 132; Case of Herrera Ulloa, supra note 181, para.
147, and Case of Maritza Urrutia. Judgment of November 27, 2003. Series C No. 103, para. 118.
185
See Case of Lori Berenson, supra note 2, para. 132; Case of Herrera Ulloa, supra note 181, para.
147, and Case of Maritza Urrutia, supra note 184, para. 118.
186
See Case of Lori Berenson, supra note 2, para. 133; Case of Herrera Ulloa, supra note 181, para.
146, and Case of Myrna Mack Chang, supra note 10, para. 200.
187
See Case of Lori Berenson, supra note 2, para. 133; Case of Juan Humberto Sánchez. Judgment
of June 7, 2003. Series C No. 99, para. 120, and Case of Bámaca Velásquez, Judgment of November 25,
2000. Series C No. 70, para. 189.
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