11
has it determined individual criminal responsibilities. In its request for interpretation
brief, Mexico equates the determination of the State’s international responsibility for
the acts of its agents with the determination of individual criminal responsibilities.
The latter would require, among other matters, the individualization and
identification of the alleged perpetrators and their respective criminal punishments,
which cannot be deduced from the judgment. In fact, the Court did not evaluate the
conduct of possible authors of the facts under domestic criminal law, nor did it
include dogmatic reasoning or arguments on the interpretation of criminal law or rule
on the punishment or what this should consist of. To the contrary, in accordance with
the basic principles of international law, in order to establish whether the State’s
international responsibility is entailed in a case submitted to its consideration, the
Inter-American Court must determine whether its agents have committed an act or
omission. Thus, the decision as to whether the State has incurred international
responsibility entails the examination of the acts of the agents of the different State
organs and bodies. Consequently, in any case in which the Court has found the
international responsibility of the State concerned, it has found that this arose from
an act or omission of one or more State agents.
c) Presumption of innocence
33.
Regarding the Court’s alleged violation of the principle of presumption of
innocence, this Court has indicated that this principle is one of the pillars of judicial
guarantees,8 since it means that the accused does not have to prove that he has not
committed the offense of which he is charged, because the onus probandi
corresponds to his accuser,9 and it establishes that a person may not be sentenced
and convicted unless his criminal responsibility has been fully proved. Furthermore,
the Court has held that this principle is an essential element for the effective exercise
of the right to defense and accompanies the accused during the processing of the
proceedings until a final judgment determining his guilt has been delivered. 10 In this
regard, the presumption of innocence is violated if, before the accused is found
guilty, a judicial decision concerning him reflects the opinion that he is guilty. 11
34.
As the Court has mentioned previously, the judgment in this case did not
determine any individual criminal responsibility for the rape of the victim (supra
para. 32), and State agents were not specifically individualized and identified.
Consequently, the Court cannot be attributed with any violation of the presumption
of innocence. Indeed, the Court has established clearly in its case law that the
presumption of innocence corresponds to “any person accused of a crime,” 12 and it is
8
Cf. Case of Suárez Rosero v. Ecuador. Merits. Judgment of the Inter-American Court of Human
Rights of November 12, 1997. Series C No. 35, para. 77; Case of Chaparro Álvarez and Lapo Íñiguez. v.
Ecuador. Preliminary objections, merits, reparations and costs. Judgment of the Inter-American Court of
Human Rights of November 21, 2007. Series C No. 170, para. 145, and Case of Cabrera García and
Montiel Flores v. Mexico. Preliminary objection, merits, reparations and costs. Judgment of November 26,
2010 Series C No. 220, para. 182.
9
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of the InterAmerican Court of Human Rights of August 31, 2004. Series C No. 111, para. 154, and Case of Cabrera
García and Montiel Flores v. Mexico, supra note 10, para. 182.
10
Cf. Case of Ricardo Canese v. Paraguay, supra note 11, para. 154, and Case of Cabrera García
and Montiel Flores v. Mexico, supra note 10, para. 183.
11
12
Case of Cabrera García and Montiel Flores v. Mexico, supra note 10, para. 184.
Cf. Case of Bulacio v. Argentina. Merits, reparations and costs. Judgment of the Inter-American
Court of Human Rights of September 18, 2003. Series C No. 100, para. 129; Case of Barreto Leiva v.