a) Scope and content of the right to appeal the judgment
268. The pertinent provision is contained in Article 8(2)(h) of the Convention, which stipulates
the following:
Article 8
Right to a Fair Trial
[…]
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:
[…]
h)
the right to appeal the judgment to a higher court.
269. The scope and content of the right to appeal the judgment have been specified in
numerous cases decided by this Court.290 In general, the Court has determined that it is an
essential guarantee that must be respected within the framework of due process of law in order
to permit a guilty verdict to be reviewed by a different and higher judge or court.291 Anyone
subjected to an investigation and to criminal proceedings must be protected at the different
stages of the process, which include the investigation, indictment, trial and sentencing.292
270. In particular, considering that the American Convention must be interpreted taking into
account is object and purpose,293 which is the effective protection of human rights, the Court
has determined that it must be an ordinary, accessible and effective remedy that permits a
comprehensive review or examination of the appealed ruling, that is available to anyone who
has been convicted, and that observes basic procedural guarantees:
a)
Ordinary: the right to file an appeal against the judgment must be guaranteed
before the judgment becomes res judicata, because it seeks to protect the right of
defense by avoiding the adoption of a final decision in flawed proceedings involving
errors that unduly prejudice the interests of an individual.294
b)
Accessible: the filing of the appeal should not be so complex that it makes this
right illusory.295 The formalities for its admission must be minimal and should not
constitute an obstacle for the remedy to comply with its purpose of examining and
deciding the errors claimed by the appellant.296
c)
Effective: it is not sufficient that the remedy exists formally; rather it must permit
obtaining results or responses in order to achieve the purpose for which it was
conceived.297 Regardless of the appeal regime or system adopted by the States Parties
and the name given to the means of contesting the adverse judgment, it must constitute
290
Cf. Case of Castillo Petruzzi et al. Merits, reparations and costs, para. 161; Case of Herrera Ulloa v. Costa Rica,
paras. 157 to 168; Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009.
Series C No. 206, paras. 88 to 91; Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs.
Judgment of November 23, 2010. Series C No. 218, para. 179; Case of Mohamed v. Argentina, paras. 88 to 117; Case of
Mendoza et al. v. Argentina, paras. 241 to 261, and Case of Liakat Ali Alibux v. Suriname, paras. 83 to 111.
291
Cf. Case of Herrera Ulloa v. Costa Rica, para. 158, and Case of Liakat Ali Alibux v. Suriname, para. 84.
292
Cf. Case of Mohamed v. Argentina, para. 91, and Case of Liakat Ali Alibux v. Suriname, para. 47.
293
According to Article 31(1) of the Vienna Convention on the Law of Treaties, “[a] treaty shall be interpreted in good
faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of
its object and purpose.”
294
Cf. Case of Herrera Ulloa v. Costa Rica, para. 158, and Case of Liakat Ali Alibux v. Suriname, para. 85.
295
Cf. Case of Herrera Ulloa v. Costa Rica, para. 164, and Case of Liakat Ali Alibux v. Suriname, para. 55.
296
Cf. Case of Mohamed v. Argentina, para. 99, and Case of Liakat Ali Alibux v. Suriname, para.86.
297
Cf. Case of Herrera Ulloa v. Costa Rica, para. 161, and Case of Liakat Ali Alibux v. Suriname, para. 52.
93
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