70 c) in the ongoing trial at Intibucá not only the Public Prosecutor’s Office can intervene as plaintiff, but also “the victims, their next of kin and any other person;” d) in view of the second capture of Juan Humberto Sánchez, the State activated the jurisdictional and police functions to conduct an investigation of the facts and identify those responsible, as a result of which the criminal proceeding was begun by the Justice of the Peace in Colomoncagua, Intibucá, which is still open at the Second Departmental Court of First Instance of Intibucá. In this proceeding, a “commitment order” was issued as well as several arrest warrants against Ángel Belisario Hernández González, and efforts were made to capture him, and he was in January 2003. His preliminary examination statement provides new elements to take into account in the investigation; and e) the allegations that in 1992 there was no “guarantee of due process” must be rejected because “in the early nineties the [human rights] situation [in Honduras] improved substantially.” The State pointed out that it “[is] able to demonstrate that in Honduras there is fair trial and [that] it is effective.” Considerations of the Court 117. Before analyzing in this case the situations pertaining to Articles 8 and 25 of the American Convention in combination with Article 1(1) of that Convention, this Court will refer again to those pleadings of the parties regarding the preliminary objection on non-exhaustion of domestic remedies that have not yet been discussed, to bring them up and analyze them in the instant chapter. 118. Article 8 of the American Convention provides that: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b) prior notification in detail to the accused of the charges against him; c) adequate time and means for the preparation of his defense; 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; g) the right not to be compelled to be a witness against himself or to plead guilty; and h) the right to appeal the judgment to a higher court.