53
a.
the right of the accused to be assisted without charge by a translator
or interpreter, if he does not understand or does not speak the language of the
tribunal or court;
b.
prior notification in detail to the accused of the charges against him;
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;
e.
the inalienable right to be assisted by counsel provided by the state,
paid or not as the domestic law provides, if the accused does not defend
himself personally or engage his own counsel within the time period established
by law;
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;
g.
the right not to be compelled to be a witness against himself or to
plead guilty; and
h.
the right to appeal the judgment to a higher court.
3.
A confession of guilt by the accused shall be valid only if it is made without
coercion of any kind.
4.
An accused person acquitted by a nonappealable judgment shall not be
subjected to a new trial for the same cause.
5.
Criminal proceedings shall be public, except insofar as may be necessary to
protect the interests of justice.
138.
Article 25 of the American Convention provides that:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
2.
The States Parties undertake:
a.
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the
state;
b.
to develop the possibilities of judicial remedy; and
c.
to ensure that the competent authorities shall enforce such remedies
when granted.
139.
The Inter-American Convention against Torture establishes that:
Article 8
The States Parties shall guarantee that any person making an accusation of
having been subjected to torture within their jurisdiction shall have the right to an
impartial examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an
act of torture has been committed within their jurisdiction, the States Parties shall
guarantee that their respective authorities will proceed properly and immediately to
conduct an investigation into the case and to initiate, whenever appropriate, the
corresponding criminal process.
After all the domestic legal procedures of the respective State and the
corresponding appeals have been exhausted, the case may be submitted to the
international fora whose competence has been recognized by that State.
140. The facts that affected Rafael Samuel and Emilio Moisés Gómez Paquiyauri
were heard by the Third Criminal Chamber of El Callao, whose actions are found in
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