57
111.
While, Article 8 of the American Convention establishes:
1.
Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously
established by law, in the substantiation of any accusation of a criminal nature made
against him or for the determination of his rights and obligations of a civil, labor, fiscal, or
any other nature.
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:
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 non-appealable 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.
112. The alleged victim was detained on March 27, 1996 (supra para. 73(12)), as
a result of the investigation corresponding to the proceedings under file No. 113-95
for acts that allegedly constituted the crime of acts of collaboration with terrorism.
113. The Court has already indicated that the judgment convicting Mrs. De La Cruz
Flores was imposed in violation of the principle of legality (supra para. 103 and 109).
Consequently, the Court considers that none of the acts carried out within the
proceedings that led to the delivery of this criminal conviction can be considered
compatible with the provisions of the American Convention; accordingly, in the
instant case, they entail the violation of other provisions of this international treaty.
114. Consequently, the detention of María Teresa De La Cruz Flores, arising from a
trial that culminated in a conviction that violated the principle of legality was
unlawful and arbitrary, and the respective proceedings were contrary to the right to
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