B.
Considerations of the Court
b.1
Criminal proceedings against Mr. Ruiz Fuentes
146. In this case, the Court has been asked to determine whether, during the initial criminal
proceedings instituted against Mr. Ruiz Fuentes that culminated in a death sentence, the guarantees
of due process were observed as required, in particular, by Article 8 of the Convention, and whether
he had access to an effective remedy in accordance with Article 25, both in relation to Article 1(1) of
this instrument.
147. In the instant case, in which the measures taken during criminal proceedings are being
questioned, the Court recalls that the organs of the inter-American human rights system do not
function as an appellate court or a court for the review of judgments handed down in domestic
proceedings. Their function is to determine the compatibility of the measures taken during such
proceedings with the American Convention,182 and the Court will restrict itself to that task in this
judgment.
148. The Court stresses that States have a duty to protect all persons, avoiding crimes, punishing
the perpetrators, and maintaining public order. And this is particularly true in the case of facts such
as those that gave rise to the criminal proceedings against Mr. Ruíz Fuentes, which not only entail
harm to individuals, but also to the whole of society, and warrant the strongest condemnation,
especially when children are involved. However, State measures to combat crime must be
implemented within limits and in keeping with procedures that preserve both public safety and full
respect for the human rights of those subject to their jurisdiction. 183
149. To establish whether the State violated the provisions of the Convention, the Court must decide
two issues. On the one hand, it must determine whether Mr. Ruiz Fuentes’ right of defense was
violated owing to the impossibility of providing exculpatory evidence which, according to the
Commission, involved a violation of Article 8(2)(c) and (f) of the American Convention and, according
to the representatives, Article 8(2)(d) and (f) of the American Convention, all in relation to Article
1(1) of this instrument. On the other hand, the Court must determine whether the fact that the new
layer appointed to defend Mr. Ruiz Fuentes was given only twenty-four hours to prepare his defense
entailed, according to the representatives, a violation of Article 8(2)(c), (d) and (f) of the American
Convention.
150. On the first issue, the Court notes that it is an uncontested fact that Mr. Ruiz Fuentes was
unable to provide exculpatory evidence during the criminal proceedings because his defense counsel
at the time failed to sign and seal the corresponding memorandum and, for this reason, the court
did not process that document. Regarding the supposed violation of the right of defense owing to the
impossibility of presenting evidence during the hearings, this Court notes that the Appellate Court
indicated that “[…], the appellant’s right of defense was never violated because, throughout the trial,
he had his defense counsel, who laid claim to all his guarantees and if the evidence he proposed was
rejected this was due to the unprofessional manner in which his lawyer offered the proposed
evidence; however, despite this, the appellant was able to act during the processing of the
corresponding proceedings in which the claimed failure to respect his guarantees did not occur.”184
151. The Court recalls that the right to defend oneself is a central component of the due process
Cf. Case of Castillo Petruzzi et al. v. Peru. Preliminary objections. Judgment of September 4, 1998. Series C No. 41,
para. 83, and Case of Mémoli v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of August 22,
2013. Series C No. 265, para. 190.
183
Cf. Case of Hilaire, Constantine and Benjamin et al., supra, para. 101, and Case of Fermín Ramírez v. Guatemala,
supra, para. 63.
184
Cf. Judgment delivered by the Fourth Chamber of the Appellate Court of Guatemala on September 13, 1999 (evidence
file, folio 113).
182
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