clear evidence of responsibility in a conviction constitutes a violation of the principle of
presumption of innocence.”100 In this regard, any doubt must be used in benefit of the
accused.101 The Court considers that the right to presumption of innocence is an
essential element for the effective exercise of the right to defense which accompanies
the defendant throughout the proceedings until the judgment determining his guilt is
final. This means that the defendant does not have to prove that he has not committed
the offense of which he is accused, because the onus probandi is on those who have
made the accusation.102
115. With respect to the requirement to provide the grounds for a judgment, the
Court has repeatedly indicated that the grounds “are the exteriorization of the reasoned
justification that allows a conclusion to be reached,”103 and that the duty to state the
grounds for a decision is a guarantee derived from Article 8(1) of the Convention,
associated with the proper administration of justice, which protects the right of citizens
to be tried for the reasons provided by law, giving credibility to the legal decisions
adopted in a democratic society.104 Therefore, the decisions adopted by domestic bodies
that could affect human rights must be duly justified; otherwise, they would be arbitrary
decisions.105
116. The Court emphasizes the importance of such justification in order to guarantee
the principle of presumption of innocence, mainly in a conviction, which must express
the sufficiency of the prosecution’s evidence to confirm the accusatory hypothesis; the
observance of the rules of sound judgment in the assessment of the evidence, including
those that could cast doubt on criminal responsibility; and the final judgment derived
from this assessment. Judicial decisions must reflect the reasons why it was possible to
obtain a conviction on the charges and the criminal liability, as well as the assessment
of the evidence to disprove any presumption of innocence, and only then be able to
confirm or refute the accusatory hypothesis. This would make it possible to refute the
presumption of innocence and determine the criminal liability beyond all reasonable
doubt. When in doubt, the presumption of innocence and the principle in dubio pro reo,
operate as a decisive criterion at the time of issuing the judgment.”106
117. The Court notes that on March 13, 2000, the Court of the First Military Zone
issued the judgment “in accordance with the Military Prosecutor General and based on
all the foregoing considerations.” Said court declared Mr. Vicente Aníbal Grijalva Bueno
responsible for the crime defined and punished under Article 146, paragraphs 4 and 6
of the Military Criminal Code, and sentenced him to two hundred days of correctional
Case of Cantoral Benavides v. Peru. Merits, supra, para. 121, and Case of Zegarra Marín v. Peru.
Preliminary objections, merits, reparations and costs, supra, para. 122.
101
Cf. Case of Ruano Torres v. El Salvador. Merits, reparations and costs, supra, para. 127, and Case
of Zegarra Marín v. Peru. Preliminary objections, merits, reparations and costs, supra, para. 122.
102
Cf. Case of Ricardo Canese v. Paraguay. Merits, reparations and costs. Judgment of August 31,
2004. Series C No. 111, para. 154, and Case of Zegarra Marín v. Peru. Preliminary objections, merits,
reparations and costs, supra, para. 138.
103
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objection, merits, reparations
and costs. Judgment of November 21, 2007. Series C No. 170, para. 107, and Case of Amrhein et al. v. Costa
Rica. Preliminary objections, merits, reparations and costs, supra, para. 268.
104
Cf. Case of Apitz Barbera et al. (“First Contentious Administrative Court”) v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of August 5, 2008. Series C No. 182, para. 77, and Case
of Cordero Bernal v. Peru. Preliminary objection and merits, supra, para. 79.
105
Cf. Case of Yatama v. Nicaragua, Preliminary objections, merits, reparations and costs. Judgment of
June 23, 2005. Series C No. 127, paras. 152 and 153, and Case of Chocrón Chocrón v. Venezuela. Preliminary
objection, merits, reparations and costs. Judgment of July 1, 2011. Series C No. 227, supra, para. 118.
106
Cf. Case of Zegarra Marín v. Peru. Preliminary objections, merits, reparations and costs, supra, para.
147, and Case of Rodríguez Revolorio et al. v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of October 14, 2019. Series C No. 387, para. 120.
100
30