29
accordance with the above, for purposes of the existence a review by a higher court, the
Court has indicated that what matters is that the remedy guarantees a comprehensive
examination of the judgment being challenged.96
86. Moreover, the Court has established that Article 8(2)(h) of the Convention refers to an
ordinary remedy that is accessible and efficient;97 in other words, it should not require
complex formalities that would render this right illusory. 98 In this regard, the formalities
required for the appeal to be admitted should be minimal and should not constitute an
obstacle for the fulfillment of the remedy’s objective of examining and resolving the
grievances claimed by the appellant.99 That is, it must obtain results or answers in relation
to the purpose for which it was conceived. 100 “It should be understood that, regardless of
the appeals system or regime adopted by the State Parties and the name given to the
means of contesting a conviction, for it to be effective, it must constitute an appropriate
means of obtaining the rectification of a wrongful conviction […]. Consequently, the reasons
for which the remedy is admissible should allow for extensive control of the contested
aspects of the sentence.”101
87. Furthermore, “in the rules that States develop in their respective systems of appeal,
they must ensure that this remedy against a conviction respects the minimum procedural
guarantees that, under Article 8 of the Convention, are relevant and necessary to decide the
grievances claimed by the appellant […].”102
B.2 The establishment of jurisdictions different from ordinary criminal courts
for the prosecution of high-ranking officials
88. When dealing with the alleged commission of a crime, the ordinary criminal jurisdiction
is activated in order to investigate and punish the alleged perpetrators through the ordinary
criminal forums. However, with respect to certain high-ranking officials, some jurisdictions
have established a system different from the ordinary courts as the one with jurisdiction to
prosecute them, by virtue of the high-ranking office they hold and the importance of their
investiture. In this sense, the Court established, in the Case of Barreto Leiva v. Venezuela,
that “[t]he State may establish special judicial privileges for the prosecution of high-ranking
government authorities […].”103 As such, the designation of the highest body of justice for
the criminal prosecution of high-ranking officials is not, per se, contrary to Article 8(2)(h) of
the American Convention.
96
Cf. Case of Herrera Ulloa, supra, para.165, and Case of Mendoza et al., supra, para. 242.
97
Cf. Case of Herrera Ulloa, supra, paras. 161, 164 and 165, and Case of Mendoza et al., supra, para. 244.
98
Cf. Case of Herrera Ulloa, supra, para. 164, and Case of Barreto Leiva, supra, para. 90.
99
Cf. Case of Mohamed, supra, para. 99, and Case of Mendoza et al., supra, para. 244.
100
Cf. Case of Herrera Ulloa, supra, para. 161, and Case of Mendoza et al., supra, para. 244.
101
Case of Mohamed, supra, para. 100, and Case of Mendoza et al., supra, para. 245.
102
Case of Mohamed, supra, para. 101, and Case of Mendoza et al., supra, para. 246.
103
Case of Barreto Leiva, supra, para. 90.