detailed, and precise description, the facts he is being charged with.74 This Court has
determined that the State must notify the accused not only of the charges against him, that
is, the crimes or offenses he is charged with, but also of the reasons for them, and the
evidence for such charges and the legal definition of the facts.75
86.
Furthermore, in accordance with this Court’s jurisprudence, the right to adequate time
and means to prepare the defense, enshrined in Article 8(2)(c) of the Convention, requires
the State to guarantee the defendant’s access to the case file against him. Similarly, it must
respect the adversarial principle, which guarantees the defendant’s involvement in the
analysis of the evidence.76 Regarding the adequate means required for the preparation of the
defense, this includes all the material and evidence that the prosecution wishes to use against
the accused, together with exculpatory documents.77
87. In the specific case, the Court notes that there is no written notification in the
proceedings indicating that the alleged victim was informed of the specific reasons for
initiating the administrative procedure against him, nor the potential legal configuration, that
is the normative grounds that would determine the probable commission of disciplinary
offenses by Mr. Mina Cuero. Consequently, the lack of a notification that met such
requirements prevented the alleged victim from properly exercising the right to defense, as
he was unaware of the specific facts that he had to address in formulating his defense
strategy.
88. Regarding the State's argument that the alleged victim was aware of the proceedings
since the hearing on September 18, 2000, it should be noted that on that date Mr. Mina Cuero
provided his statement to an investigator from the Judicial Police, in the presence of a
prosecutor from the Public Ministry. However, in the record documenting that proceeding,
there is no evidence that the alleged victim was informed of the specific facts giving rise to
the procedure, nor how such conduct constituted an administrative offence.78
89. Thus, in the statement before the Court, the alleged victim stated that he was informed
that the hearing would take place one day before it actually did, and the State has not
provided any evidence to contradict this claim. Indeed, no document was offered as evidence
to verify the notification to the interested party of the date, time, and location of the hearing
with sufficient advance notice to adequately prepare his defense.
90. Although Mr. Mina Cuero appeared at the hearing alongside his private defense attorney
and proposed the testimony of a cousin as evidence, who was not allowed to testify, this does
not determine that the interested party was granted adequate time and means to prepare his
defense.
91. Finally, regarding the right to appeal the judgment, the Court determines that there was
confusion in the legal system in force at the time of the events, while the Disciplinary
Regulations of the National Police excluded the possibility of "complaining" against the
74
Cf. Case of Fermín Ramírez v. Guatemala. Merits, Reparations, and Costs. Judgment of June 20, 2005. Series
C No. 126, para. 67, and Case of Former Employees of the Judiciary v. Guatemala, supra, para. 71.
75
Cf. Case of Barreto Leiva v. Venezuela. Merits, Reparations, and Costs. Judgment of November 17, 2009. Series
C No. 206, para. 28, and Case of Former Employees of the Judiciary v. Guatemala, supra, para. 71.
76
Cf. Case of Former Employees of the Judiciary v. Guatemala, supra,para. 72.
77
Cf. Caso Álvarez Ramos v. Venezuela. Preliminary Objection, Merits, Reparations, and Costs. Judgment of August
30, 2019. Series C No. 380, para. 154, and Case of Former Employees of the Judiciary v. Guatemala, supra,para.
72.
78
Cf. Statement of Víctor Henrry Mina Cuero, given to the National Police on September 18, 2000 (case file of
evidence, volume I, annex 4 to the Merits Report, pages 14 to 16).