Collegiate Criminal Jurisdiction of the Province of Mendoza.70 The Court, as pertinent, will refer to the aspects related to these legal provisions in matters of cassation. VIII MERITS RIGHT TO APPEAL A JUDGMENT BEFORE A HIGHER JUDGE OR COURT AND RIGHT TO JUDICIAL PROTECTION, IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS, THE DUTY TO ADOPT DOMESTIC LEGAL EFFECTS, AND THE FEDERAL CLAUSE71 A. Arguments of the parties and observations of the Commission 43. The Commission argued that at the time of the facts, there was a serious limitation in judicial practice and in article 503 of the Code of Criminal Procedure of the Province of Mendoza in terms of the potential effectiveness of any pleading that was not framed within what historically had been considered "reviewable" through a cassation appeal. In this regard, the Commission argued that Mr. Gorigoitía was not able to appeal to a higher authority for comprehensive review of his conviction, including the questions of fact and review of evidence put forward by the defense through the appeal. The Commission concluded that the Argentine State had violated, to his detriment, the right to appeal a judgment established in Article 8(2)(h) of the Convention, read in conjunction with the obligations established in articles 1(1) and 2 of the Convention. The Commission also concluded that as a consequence of the limited nature of the cassation appeal, and the even more limited nature of the extraordinary appeal, the victim did not have simple and effective judicial remedies available to him in the framework of the criminal process culminating in his conviction, in violation also of the right established in Article 25(1) of the Convention. The Commission argued that these violations occurred in the context of legislation and practice that excluded review of the facts and assessment and receipt of evidence, and therefore the state had failed to comply with the obligation to adopt domestic legal effects established in Article 2 of Convention. 44. The representatives argued that Mr. Gorigoitía was not able to appeal to a higher authority for comprehensive review of his conviction, including the questions of fact and review of evidence put forward through the appeal. They argued that as a consequence of the limited nature of the cassation appeal, and the even more limited nature of the extraordinary appeal, the alleged victim did not have simple and effective judicial remedies available to him in the framework of the criminal process culminating in his conviction and sentencing to 14 years in prison, ban from public service, and permanent dismissal from the police force. They also argued that the national courts were not prepared to fully comply with the right to appeal, since the review procedure is so brief and formal that opportunities for remedy are limited. Consequently, they argued that the state had violated the right to appeal a judgment established in Article 8(2)(h) of the Convention, read in conjunction with articles 1(1) and 2 of the Convention. Additionally, they argued that the decision of the Supreme Court of Mendoza regarding the extraordinary appeal was arbitrary, thus constituting a violation of Article 25(1) of the Convention. Lastly, they argued that the state had violated Article 28(2) of the Convention on having failed to adopted the measures necessary for the Province of Mendoza to adapt its provisions to the Convention in terms of the right to an appeal. 45. The state argued that Mr. Gorigoitía did not raise questions of fact and evidence during the cassation appeal, for which reason the Supreme Court of Justice of Mendoza did not have the Law 9,040 establishes the Collegiate Criminal Jurisdiction in the Judiciary of the Province of Mendoza. It was published on February 1, 2018. It transformed the Criminal Chambers, such as the First Chamber, and the courts, such as the Court of Preliminary Investigation, into collegiate criminal tribunals and courts, respectively, and reformulated their powers. 71 Articles 8(2)(h), 25, 1(1), 2, and 28 of the Convention. 70 14