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

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