C.
The right of defense and the right to appeal the judgment to a higher court (Articles
8.2 (c), (f), and (h) of the Convention)79
1.
Regarding the right of defense
105.
The petitioner alleged that in the context of the punitive proceedings, Mr. Rico’s right of
defense recognized in Article 8(2) of the Convention was violated in a number of ways: The first is that the
preliminary discovery period afforded to the plaintiff was said to have been arbitrarily extended. The second
is that he was purportedly prevented from submitting evidence critical for his defense, specifically witness
testimony.
106.
As to the first point, the Commission notes that the time limit for preliminary discovery was
indeed extended in the course of the proceeding. The Commission observes that that possibility is envisaged
in law and that the petitioner did not explain how that extension adversely affected his right of defense. From
the description of the proceedings, the Commission finds that Mr. Rico had access to all the information that
supported the accusation and presented no arguments to the effect that the time that he was afforded for the
preparation of his defense was insufficient in light of the extension granted to the other party, or that the
other party had had an advantage incompatible with the principle of equality of arms (égalité des armes).
107.
As regards the second point, the record suggests two reasons why Mr. Rico was denied the
possibility of presenting testimony evidence. For one thing, certain testimony was refused because it did not
comply with the formal requirement that it be accompanied by the corresponding questions. For another, two
witnesses who sought to refute the "supposed profile of psychosis or insanity” of the alleged victim were
refused with the argument that their testimony was not related to the grounds for the accusation and,
therefore, were “manifestly overabundant.” The Commission finds that the two reasons provided to support
the refusal were not manifestly unreasonable nor incompatible with the applicable standards. In that
connection, the Commission notes that the mental health of the alleged victim was not in discussion nor
reasonably related to the grounds under analysis. As regards the formal requirement to include the questions
to be put to proposed witnesses, the Commission does not consider it unduly onerous or that Mr. Rico was
unable to comply.
108.
Based on the foregoing, the Commission concludes that the Argentine State did not violate
Eduardo Rico’s right of defense.
2.
Regarding the right to appeal the judgment to a higher court
109.
The right of appeal is recognized as a part of due process of law by Article 8(2)(h) of the
Convention.80 With respect to this guarantee, the United Nations Basic Principles on the Independence of the
Judiciary provide that “[d]ecisions in disciplinary, suspension or removal proceedings should be subject to an
independent review.”81 The review of a conviction demands the possibility of a comprehensive examination
79 Article 8(2) of the Convention provides: Every person accused of a criminal offense has the right to be presumed innocent so
long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the
following minimum guarantees: [...] c. adequate time and means for the preparation of his defense; d. the right of the accused to defend
himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; [...] f.
the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons
who may throw light on the facts; [...] h. the right to appeal the judgment to a higher court.”
80 I/A Court H.R., Case of Herrera Ulloa vs. Costa Rica. Preliminary Objections, Merits, Reparations, and Costs, Judgment of July
2, 2004, par. 158.
81Basic
Principles on the Independence of the Judiciary, Principle 20.