74
f)
Jennifer Harbury has cooperated with the domestic procedures in
Guatemala; the State “cannot renounce its responsibility to conduct the
necessary investigations, in fulfillment of the provisions of Article 1(1) of the
Convention, and transfer to Mrs. Harbury the obligation to ensure that the
process moves forward”. To the contrary, the case history shows that
Government agents have harassed Jennifer Harbury in reprisal for her
attempts to obtain justice in the Guatemalan tribunals; and
g)
Jennifer Harbury and the special prosecutors assigned to the case
suffered harassment and the Guatemalan authorities did not take the
necessary measures to find the whereabouts of the remains of Bámaca
Velásquez.
183. The State recognized its international responsibility, because its institutions
have been unable to clarify who was responsible for the illegal acts established in the
application. In its final oral arguments, the State indicated that the said acceptance
of responsibility “was made in good faith in application of the respective Vienna
Convention” and that it could not be interpreted as a “tacit acceptance [of the facts
as] the Commission claims.”
*
*
184.
*
Article 8 of the American Convention establishes:
1.
Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal, or
any other nature.
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:
a)
the right of the accused to be assisted without charge by a translator or
interpreter, if he does not understand or does not speak the language of the
tribunal or court;
b)
prior notification in detail to the accused of the charges against him;
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;
e)
the inalienable right to be assisted by counsel provided by the state, paid
or not as the domestic law provides, if the accused does not defend himself
personally or engage his own counsel within the time period established by law;
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;
g)
the right not to be compelled to be a witness against himself or to plead
guilty; and
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