José — the majority opinion of the Inter-American Court did not proceed to conclude
that these same proven facts also entailed an autonomous violation of Article 8(1) of
the American Convention. We therefore consider that the Court should not have
subsumed this violation in the violation of the principle of legality and the right to the
presumption of innocence established in Articles 9 and 8(2) of this instrument.
45.
For these reasons, we consider that the Inter-American Court should have
declared the international responsibility of the Chilean State, by considering that the
right to an impartial judge or court, protected by Article 8(1) of the American
Convention, in relation to Article 1(1) of this instrument, had been violated to the
detriment of the victims in this case.
Manuel E. Ventura Robles
Judge
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Secretary
18