6 RIGHTS)14 AND 2 (DOMESTIC LEGAL EFFECTS)15 OF THE AMERICAN CONVENTION 1. Background 20. At the time of the facts, Mr. Barreto Leiva was the Director General of the Department of Administration and Services, Ministry of the Secretary of the Presidency of the Republic.16 21. On February 22, 1989, at the meeting with the Council of Ministers, the then President of the Republic, Mr. Carlos Andrés Pérez Rodríguez, approved a budgetary adjustment of Bs. 250.000.000,00 (two hundred fifty million bolivares) and 12 Article 8 of the Convention, in its relevant part, provides that: 1. Every person has the right to a hearing […] by a competent, independent and impartial tribunal […]. 2. 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: […] 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; […] 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; […], and h) the right to appeal the judgment to a higher court. […] 13 Article 25(1) of the Convention establishes that: 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. 14 Article 1(1) of the Convention establishes that: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 15 Article 2 of the Convention establishes that: [W]here the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 16 Cf. judgment delivered by the Supreme Court of Justice on May 30, 1996 in case file N° 0588 (record of appendices to the application, Volumes I and II, appendix 14, pages 310 to 1175); statement of Mr. Barreto Leiva rendered before the Superior Court for Safeguarding Public Assets on February 10, 1993 (record of appendices to the application, volume I, appendix 3, page 240) and statement of Mr. Barreto Leiva rendered at the public hearing held before the Inter-American Court on July 2, 2009.