20 Article 8 of the Convention include the “right of the accused to defend himself personally or to be assisted 99 by legal counsel of his own choosing.” The jurisprudence of the Inter-American Court also establishes 100 the confrontation of witness and evidence as a fundamental due process guarantee. In the case sub examine, the case proceedings show that on November 30, 1995, the attorney of Pablo and Carlos Memoli was duly served notice of the second hearing before the Appellate Chamber for Criminal and Correctional Matters—Panel II, and that both she and the attorney of the plaintiffs appeared at said 101 hearing on December 5, 1995. According to an assertion of the Appellate Chamber in its judgment, this 102 second hearing was necessary in order to ensure procedural balance between the parties. The IACHR notes as well that the alleged impropriety of this hearing was raised by the petitioners before the Second Panel of the Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, the Supreme Court of Justice of the Province of Buenos Aires, and the Supreme Court of Justice of the Nation, and none of these three courts found the argument admissible. Based on the aforementioned considerations, the Commission finds that the petitioners have not proven the violation of Article 8 of the Convention in relation to the alleged irregularities in the criminal proceeding in the instant case. 77. Moreover, in the context of the civil suit, as has been mentioned earlier, the petitioners lodged a complaint in domestic courts for “malfeasance in office, denial and delay of justice, abuse of 103 authority and ‘all in all, ongoing violation of the law for the purpose of favoring the plaintiffs.’” In ruling on these complaints, the Supreme Court of Justice of the Province of Buenos Aires found grounds only for the allegation of delay of justice, noting that “most of the questioning reflects disagreements with 104 decisions issued.” In the case before the Commission, although the petitioners have repeatedly alleged a lack of independence and impartiality of the judges involved, they have not introduced any evidence to allow the IACHR to come to a conclusion distinct from that of the Supreme Court of Justice of the Province of Buenos Aires. The Commission does not find that the violation of Article 8 alleged by the petitioners in relation to the supposed irregularities in the civil suit has been proven. VI. FINDINGS 78. Based on the considerations of fact and law set forth in this report, the IACHR finds the State of Argentina internationally responsible for violating Articles 8.1 and 13 of the American Convention, in conjunction with the general obligations provided for in Article 1.1 and 2 of said treaty, to the detriment of Carlos and Pablo Memoli. VII. RECOMMENDATIONS 79. Based on the analysis and the findings in this report, THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THE STATE OF ARGENTINA: 1. To vacate the criminal convictions against Carlos Memoli and Pablo Carlos Memoli as well as all of the consequences stemming from them; 99 American Convention on Human Rights, Article 8.2.d. 100 Cfr. IA Court of HR. Case of the Massacre of la Rochela Vs. Colombia. Merits, Reparation and Costs. Judgment May 11, 2007. Series C No. 163, par. 193, available at: http://www.corteidh.or.cr/docs/casos/articulos/seriec_163_esp.pdf. 101 Cfr. Annex 30. Certificate of Service issued on November 30, 1995, Appellate Chamber for Criminal and Correctional Matters of Mercedes (page 997); Annex 26. Judgment of appeal issued on December 5, 1995, Second Appellate Chamber for Criminal and Correctional Matters, pg. 1. 102 Annex 2. Judgment of appeal issued on December 28, 1995, Second Appellate Chamber for Criminal and Correctional Matters of the Judicial Department of Mercedes, pg. 17. 103 Cfr. Annex 25. Judgment issued on March 12, 2008, Supreme Court of Justice of the Province of Buenos Aires, pg. 1. 104 Annex 25. Judgment issued on March 12, 2008, Supreme Court of Justice of the Province of Buenos Aires, pg. 2.