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: […] 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) 184. the right to appeal the judgment to a higher court. Article 1(1) of the Convention stipulates 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. 185. Article 24 (Right to Equal Protection) of the American Convention provides that: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. 186. The elucidation of whether or not the State has violated its international obligations owing to the actions of its judicial organs may make it necessary for the Court to examine the respective domestic proceedings194 to establish their compatibility with the American Convention;195 but this does not convert it into a court for the review of judgments delivered in domestic proceedings,196 nor does it make it act as a criminal court in which the criminal responsibility of the individual can be examined. Its function is to determine the compatibility of the actions of the above-mentioned proceedings with the American Convention197 and, in particular, to analyze the acts and omissions of the judicial organs in light of the guarantees protected in Article 8 of this treaty.198 187. To ensure real respect for the judicial guarantees protected in Article 8 of the Convention during a trial, all the requirements that “serve to protect, ensure or assert the ownership or exercise of a right” must be observed;199 in other words, the “prerequisites necessary to ensure the adequate protection of those persons whose rights or obligations are pending judicial determination.”200 The said Article 8 includes a system of guarantees that condition the exercise 194 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63, para. 222, and Case of Mohamed v. Argentina, para. 79. 195 Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July 2, 2004. Series C No. 107, para. 146, and Case of Mohamed v. Argentina, para. 79. 196 Cf. Case of Fermín Ramírez v. Guatemala, para. 62, and Case of Mohamed v. Argentina, para. 81. 197 Cf. Case of Castillo Petruzzi et al. v. Peru. Preliminary objections, para. 83; Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs, para. 90, and Case of Mohamed v. Argentina, para. 81. 198 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, para. 220, and Case of Mohamed v. Argentina, para. 81. 199 Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago. Merits, reparations and costs. Judgment of June 21, 2002. Series C No. 94, para. 147, and Case of Mohamed v. Argentina, para. 80. 200 Cf. Judicial Guarantees in States of Emergency (Arts. 27.2, 25 and 8 American Convention on Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 28, and Case of Mohamed v. Argentina, para. 80. 64

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