subjected to an investigation and criminal proceedings. These minimum guarantees must be
protected at the different stages of the criminal proceedings, which include the
investigation, indictment, prosecution, and sentencing. The last subparagraph, which
enumerates these guarantees, that is (h), refers to the “right to appeal the judgment to a
higher court.” This is a guarantee for the individual in relation to the State, and not just a
recommendation to guide the design of the appeals system in the legal systems of the State
Parties to the Convention.
242. The Court has indicated that the right to appeal the judgment is a crucial guarantee
that must be respected as part of the due process of law, in order to permit the review of an
adverse decision by a different and higher judge or court. 309 The right to review by a higher
court, represented by the access to a remedy that grants the possibility of a complete
review of the sentence, confirms the merits and gives greater credibility to the jurisdictional
act of the State while, at the same time, offering greater security and protection to the
rights of the individual who has been convicted. 310 The Court has also indicated that, the
important point is that the remedy must guarantee the possibility of a comprehensive
examination of the decision appealed. 311
243. The right to contest the judgment seeks to protect the right of defense to the extent
that it grants the possibility of filing an appeal to prevent a decision adopting in a flawed
proceeding, containing errors that cause undue prejudice to a person’s interests, from
becoming final. 312
244. The Court has indicated that Article 8(2)(h) of the Convention refers to an accessible
and efficient ordinary remedy. 313 This assumes that it must be guaranteed before the
judgment becomes res judicata. 314 The effectiveness of the remedy means that it must
obtain results or answers in relation to the purpose for which it was conceived. 315 Also, the
remedy must be accessible; in other words, it should not require complex formalities that
would render this right illusory. 316 In this regard, the Court finds that the formalities
required for the appeal to be admitted should be minimal and should not constitute an
obstacle to the appeal fulfilling its objective of examining and deciding the grievances
claimed by the appellant. 317
245. It should be understood that, regardless of the appeals system or regime adopted by
the States Parties, and the name given to the means of contesting a conviction, for it to be
effective, it must constitute an appropriate means of obtaining the rectification of a wrongful
conviction. This means that it must be able to analyze the facts, evidence and law on which
the contested judgment was based, because, in jurisdictional activities, interdependence
309
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of
July 2, 2004. Series C No. 107, para. 158, and Case of Mohamed v. Argentina. Preliminary objection, merits,
reparations and costs. Judgment of November 23, 2012. Series C No. 255, para. 97.
310
Cf. Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009.
Series C No. 206, para. 89, and Case of Mohamed v. Argentina, para. 97.
311
Cf. Case of Herrera Ulloa v. Costa Rica, para. 165, and Case of Mohamed v. Argentina, para. 97.
312
Cf. Case of Herrera Ulloa v. Costa Rica, para. 158, and Case of Mohamed v. Argentina, para. 98.
313
Cf. Case of Herrera Ulloa v. Costa Rica, paras. 161, 164, 165 and 167, and Case of Mohamed v.
Argentina, para. 99.
314
Cf. Case of Herrera Ulloa v. Costa Rica, para. 158, and Case of Mohamed v. Argentina, para. 99.
315
Cf. Case of Herrera Ulloa v. Costa Rica, para. 161, and Case of Mohamed v. Argentina, para. 99.
316
Cf. Case of Herrera Ulloa v. Costa Rica, para. 164, and Case of Mohamed v. Argentina, para. 99.
317
Cf. Case of Mohamed v. Argentina, para. 99.
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