46
not taken into account when the decisions were issued in the exclusive
military jurisdiction, is the reason why the records were sent to the regular
courts, and the acquittal of Mr. Luis Alberto Cantoral-Benavides was not
executed in the military court.
The accused could have contested the
incriminating evidence, but did not;
b)
there is no double jeopardy for the same crime. The crime of treason
against the fatherland is different from terrorism. If there were indications
confirming liability for the commission of the crime of terrorism, this could not
go unpunished because another trial had taken place for a different crime,
treason against the fatherland; and
c)
the trial was normal and conducted in accordance with the rules of due
process called for in and supported by the Constitution.
*
136.
*
*
Article 8(4) of the Convention states that:
An accused person acquitted by a nonappealable judgment shall not be subjected to a
new trial for the same cause.
137. The Court observes that one of the elements regulated by Article 8(4) is
conduct of a first trial that ends in a final decision of acquittal. According to
application of the Commission, that first trial, in the present case, would be
military trial of Luis Alberto Cantoral-Benavides, for the crime of treason against
fatherland.
the
the
the
the
138. In this same judgment (supra para. 114), the Court has stated that the
application of military criminal justice to civilians infringes upon the provision
regarding a competent, independent and impartial judge (Article 8(1) of the
American Convention). This is enough to determine that the actions and decisions
taken by the authorities of the exclusive military jurisdiction in the matter of Luis
Alberto Cantoral-Benavides do not constitute the type of proceeding called for in
Article 8(4) of the Convention.
139. This determination is consistent with reasoning of the Court in the CastilloPetruzzi et al. Cesti Hurtado and Durand and Ugarte cases.62 In the first two cases,
this Court declared that the application of military justice to civilians violates the
rules of the American Convention regarding the right to a competent, independent
and impartial judge. In the third, it offered an opinion regarding the limits of the
natural jurisdiction of military justice.
140. Based on the above, the Court considers that, given the circumstances of this
case, the alleged infraction of Article 8(4) of the Convention is included in the
violation of Article 8(1) of same. Consequently, the Court refers to its decision
regarding the violation, by the State, of Article 8(1) of the Convention (supra para.
115).
62
Durand and Ugarte Case, supra note 45, para. 117; Cesti-Hurtado Case. Judgment of September
29, 1999. Series C No. 56, para. 151, and Castillo- Petruzzi et al. Case, supra note 9, para. 128.
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