43 arms and ski masks “for the purpose of intimidating the defense lawyer, who was taken to the military facilities blindfolded;” b) the State violated Article 8(2)d) of the Convention in that it made it difficult for Mr. Cantoral-Benavides to select a lawyer of his choosing by assigning lawyers to his case; and c) Articles 13.c) and 2.b) of Decree Laws No. 25.475 and No. 25.744, respectively, state that those involved in the preparation of the police affidavit, and the members of the armed forces that captured the accused, may not appear as witnesses before the court hearing the case. Consequently, the members of the DINCOTE that drew up the police affidavit that incriminated Luis Alberto Cantoral-Benavides did not make statements during the criminal proceedings. 124. For its part, the State alleged that: a) Mr. Cantoral-Benavides, throughout his detention and during the trials in the military and regular courts, was assisted by lawyers, and that “the right to a defense was respected at all times, there being no statement or certification to the contrary, nor complaint or denunciation regarding the quality of the defense provided;” and b) as regards the impossibility of summoning as witnesses police officials or members of the armed forces who prepared the police affidavit or participated in the capture or detention, this is forbidden by law and does not constitute a violation of Article 8.f) of the Convention. * * * 125. Article 8(2) of the Convention states, as pertains, that: 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: […] 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; […] 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; 126. The Court refers to the decision in this same judgment (supra para. 115) regarding the violation of Articles 8(1) and 8(2)c), d) and f) of the Convention, as they pertain to the criminal military trial of Luis Alberto Cantoral-Benavides.

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