15 44. Having established the above, in the following chapters the Court will examine the arguments of the Commission and the representative concerning violations of the Convention, as well as eventual reparations. VII ARTICLES 8(1) AND 25 (RIGHT TO A FAIR TRIAL AND JUDICIAL PROTECTION)57 58 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION 45. The Court will determine whether the guarantees of due process and real access to justice were observed in the criminal proceedings filed against Mr. Neptune, as required by Articles 8 and 25 of the Convention in relation to Article 1(1) of this instrument. 46. The Commission alleges that the State violated Mr. Neptune’s rights to the protection of an impartial trial established in Articles 8(1) and 8(2) of the Convention, “including [Mr.] Neptune’s rights under Article 8(2)(b) to prior notification in detail of the charges against him, and Article 8(2)(c) to adequate time and means for the preparation of his defense.”59 Based on the Court’s case law in Fermín Ramírez v. Guatemala and that of the European Court of Human Rights in Pélissier and Sassi v. France, the Commission maintained “that the factual and legal basis of the charges against Mr. Neptune should have been clear from the [arrest] warrant in accordance with the need for clear, detailed and precise notification mandated by the right to a fair trial generally, as well as the specific requirements of Article 8(b) and (c) of the Convention.” 60 In particular, according to the Commission, the Ordonnance de cloture or the order closing the investigation (hereinafter “the closing order”) of September 14, 2005, “issued against Mr. Neptune raised serious concerns regarding his ability to defend himself effectively against the charges.”61 The Commission affirmed that “the terms [of the accusations] are not sufficiently detailed when defining the circumstances of the crimes with which Mr. Neptune is charged […]. The closing order 57 Article 8(1) (Right to a Fair Trial) 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. Article 25 (Judicial Protection) 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 this 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. 58 Article 1 (Obligation to Respect Rights) 1. The 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. […] 59 Cf. Application submitted by the Commission, supra note 3, para. 117 (folio 130). 60 Cf. Application submitted by the Commission, supra note 3, para. 110 (folio 128). 61 Cf. Application submitted by the Commission, supra note 3, para. 111 (folio 128).