alia, a detailed control of legality in the production of evidence.216 The American Convention provides specific guarantees for the exercise of both the right to a substantive defense – for example, by the right of the accused to adequate time and means for the preparation of his defense (Article 8(2)(c)), the right not to be compelled to be a witness against himself (Article 8(2)(g)) and the conditions under which a confession may be valid (Article 8(3)) – and also to a professional defense, as described below.217 121. The Convention regulates the guarantees for a professional defense, such as the right to be assisted by legal counsel (Article 8(2)(d) and (e)). This right is violated when it is not ensured that the legal counsel is able to take part and assist the accused in the principal acts of the proceedings; for example, if the defendant’s statement is received without the assistance of his/her defense counsel.218 122. Although the law includes different alternatives for mechanisms to ensure this right, when the individual who requires legal assistance has no resources, this must necessarily be provided by the State free of charge. 219 However, the Court has considered that the appointment of a public defender merely to comply with a procedural formality is tantamount to not having a professional defense, so that it is imperative that this defense counsel acts diligently in order to protect the procedural guarantees of the accused and thus avoid a violation of their rights220 and a breakdown in the relationship of trust. To this end, the institution of public defense, as the means by which the State ensures the essential right of every person accused of an offense to be assisted by defense counsel, must have sufficient guarantees to ensure its effective action with “equality of arms” with the prosecution. The Court has recognized that, to comply with this obligation, the State must take all appropriate measures,221 including having suitable and qualified defenders who are able to act with functional autonomy. 123. In El Salvador, the constitutional mandate to ensure to “[a]nyone who is accused of an offense, […] all the guarantees necessary for their defense”222 is implemented by means of the professional assistance provided by the Public Defenders’ Unit.223 The Public Defenders’ Unit is part of the Office of the Attorney General and can be considered an organ of the State; therefore, its actions should be considered acts of the State in the sense accorded to this by 216 100. Cf. Case of Barreto Leiva v. Venezuela, supra, para. 61, and Case of Grijalva Bueno v. Ecuador, supra, para. Cf. Case of Ruano Torres et al. v. El Salvador. Merits, reparations and costs. Judgment of October 5, 2015. Series C No. 303, para. 153. 217 Cf. Case of Tibi v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 7, 2004. Series C No. 114, paras. 193, 194 and 196, and Case of Montesinos Mejía v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of January 27, 2020. Series C No. 398, para. 191. 218 Cf. Exceptions to the Exhaustion of Domestic Remedies (Arts. 46.1, 46.2.a and 46.2.b, American Convention on Human Rights, Advisory Opinion OC-11/90, August 10, 1990. Series A No. 11, para. 25, and Case of Ruano Torres et al. v. El Salvador, supra, para. 155. 219 Cf. Case of Cabrera García and Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of November 26, 2010. Series C No. 220, para. 155, and Case of Girón et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of October 15, 2019. Series C No. 390, para. 101. 220 Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 159, and Case of Girón et al. v. Guatemala, supra, para. 101. 221 222 Article 12 of the Constitution of the Republic of El Salvador. Case of Ruano Torres et al. v. El Salvador, supra, para. 160. Article 33 of the Organic Law of the Office of the Attorney General of the Republic of El Salvador stipulates that: “[t]he function of the Public Defenders’ Unit is to exercise the professional defense of the individual liberty of adults and children who are accused of committing a criminal offense.” Organic Law of the Office of the Attorney General of the Republic of El Salvador, Legislative Decree No. 775 of December 3, 2008, article 33. 223 38