32
Argentina, “the Court does not agree with the scope [that is given to that] provision of the
European System to interpret the corresponding provision of the American Convention,
precisely because the latter did not provide exceptions as did the European System.”111 In
this sense, the Court does not find that the exception continued in the European System can
be applied to this case.
B.3.3 Practice of the States in the region in relation to the right to appeal the
judgment of high-ranking officials
97. The Court finds that the practice of various State Parties of the Organization of
American States (OAS) grant their highest authorities the possibility of challenging a
condemnatory judgment in criminal proceedings brought against them. To a lesser extent,
some States prosecute them in a single instance. This right is recognized by the States,
either narrowly, that is, in favor of certain lower rank officials, excluding the President and
Vice-President, or broadly, establishing this guarantee to a group of officials of diverse
ranks. It should be noted that several States in the region guarantee the right to appeal the
judgment notwithstanding the establishment of a court, separate from the ordinary criminal
tribunals, as the one with jurisdiction to try their high political and/or public office holders,
which, in many cases, is charged to the highest body of justice. 112
98. Likewise, the Court notes that in such cases where there is no authority superior to
the highest body that can perform a comprehensive review of the conviction, certain States
in the region have adopted different judicial systems to ensure the right to appeal the
ruling. In this regard, the Court notes that the foregoing has been achieved through various
practices, such as: a) where a Criminal Chamber of the Supreme Court of Justice is the trier
in the first instance, the whole body thereof then acts as the instance of appeal and reviews
the action; b) where a certain chamber of the Supreme Court is the trier in the first
instance, another chamber, of a different composition, resolves the appeal; and c) where a
chamber made up of a certain number of judges is the trier in the first instance, another
chamber comprised of a larger number of judges, none of whom participated in the
proceedings in the first instance, decides the appeal. Moreover, the Court observes that the
reviewing bodies are composed of members that did not hear the case in the first instance,
and that the decision issued by the reviewing body may modify or revoke the judgment
appealed.
99. Based on the aforementioned, the Court holds that the majority of the State Parties of
the OAS allow high-ranking officials the possibility to appeal the judgment in the context of
criminal proceedings. That is, the need for dual courts, expressed by the appealing of the
judgment of conviction, has been recognized by their judicial systems. However, at this
time, we will specifically evaluate the criminal proceedings in a sole instance brought
against Mr. Alibux before the High Court of Justice of Suriname in light of Article 8(2)(h) of
the Convention, without seeking to advance considerations regarding the compatibility of
other legal systems, other than the one to be examined, with the Convention, which shall be
analyzed in each specific case, taking into account their nature, particularities, and
complexities.
111
112
Case of Mohamed, supra, para. 94.
It should be noted that many other States do not prosecute their high-ranking authorities by way of a
specialized criminal forum, but rather through an ordinary forum established for the average citizen, after the
competent authority removes the prerogative of immunity and authorizes the initiation of an investigation and
criminal proceeding.