2 appointed Commissioner Paulo Sergio Pinheiro, and Executive Secretary Santiago A. Canton as delegates and Deputy Executive Secretary Elizabeth Abi-Mershed, and attorneys Juan Pablo Albán Alencastro, Verónica Gómez, Débora Benchoam and Silvia Serrano, specialists of the Executive Secretariat, as legal advisers. 2. The application relates to the criminal proceeding by which Mr. Oscar Enrique Barreto Leiva (hereinafter, “Mr. Barreto Leiva” or the “alleged victim”) was sentenced to one year and two months imprisonment for crimes against public property as a result of his actions while serving as a Director General in 1989, of the Department of Administration and Services of the Ministry of the Secretariat of the Presidency of the Republic. According to the Commission, during the processing of a criminal proceeding before the Supreme Court of Justice against the then President of the Republic, a senator and a representative, Mr. Barreto was summoned to testify as witness and later on, an arrest warrant was issued against him. The Commission argued that in said proceeding, the alleged victim was not notified of the charges against him due to the secrecy of the investigation phase. Furthermore, the Commission alleged that the secrecy of the investigation phase implied that Mr. Barreto Leiva was not able to be assisted by a counsel of his choice during that phase, to examine and cross-examine witnesses, to have access to the evidence being gathered, present evidence in his defense and counteract the evidence against him. Moreover, according to the Commission, the fact that the Supreme Court of Justice tried, in sole instance, the case of the alleged victim would constitute a violation of his right to be tried by a competent tribunal, given the fact that his position did not merit a special criminal privilege, as well as a violation of his right to appeal an adverse judgment. Finally, the Commission deemed that Mr. Barreto Leivo was subjected to preventive detention based exclusively on indications of criminal responsibility, with no possibility of bail, which lasted longer than the final sentenced imposed. 3. The Commission requested the Court to declare that the State is responsible for the violation of the rights enshrined in Articles 7(1), 7(3) and 7(5) (Right to Personal Liberty), 8(1), 8(2)(b), 8(2)(c), 8(2)(d), 8(2)(f) and 8(2)(h) (Right to a Fair Trial) and 25(1) (Right to Judicial Protection) of the American Convention, in relation to the obligations established in Articles 1(1) (Obligation to Respect Rights) and 2 (Domestic Legal Effects) therein, to the detriment of the alleged victim. Moreover, the Commission requested the Court to order certain measures of reparations. 4. On January 1, 2009 Mr. Carlos Armando Figueredo Planchard, the representative of the alleged victim (hereinafter, the “representative”) filed the brief containing pleadings, motions and evidence (hereinafter, “brief of pleadings and motions”), by which he arrived at to the same conclusions that the Inter-American Commission. 5. On March 14, 2009, the State submitted a brief containing the response to the application and observations to the brief of pleadings and motions (hereinafter, “response to the application”). The State alleged that Mr. Barreto Leiva was tried by the Supreme Court "pursuant to the principle of connection based on ancillary jurisdiction of the former President of the Republic, but this does not mean that the State violated the due process of law and the right to be tried by a competent court, […] apart from the fact that since it is the maximum judicial instance, he was provided with more procedural guarantees”. The State appointed Mr. Germán Saltrón Negretti as Agent and Mr. Larry Devoe Márquez as Deputy Agent. Afterwards, on April 29, 2009 the State appointed Mr. Gonzalo González Vizcaya as Deputy Agent.