Supreme Court “ha[d] denied its jurisdiction and [Mr. Mohamed] ha[d] not been hear [d]
with the proper guarantees,” which constituted violation of Article 8 of the American
Convention on Human Rights. He also argued that “by having applied a regulation
retroactively,” the revocation of the acquittal had also violated Article 9 of the
Convention. He further stated that in filing the motion to revoke the decision he sought
to comply with the requirement to exhaust domestic remedies in order to have access to
the inter-American System of Human Rights.58
61.
On October 19, 1995, the Supreme Court of Justice dismissed the motion filed by
Mr. Mohamed’s defense lawyer, indicating that “the Court’s decisions are not subject to
replacement or revocation.”59
C)
Consequence of criminal disqualification from driving
62.
On July 17, 1995, after the special federal appeal was rejected (supra para. 54),
Mr. Mohamed was fired from his job as a bus driver. According to the telegram sent to
notify him of his dismissal, he was dismissed because of “his criminal disqualification
from driving.” The same telegram also stated, “work contract terminated [,] your
fault.”60 Mr. Mohamed received a monthly salary of 500 pesos and 75/100.61
VII
RIGHT TO JUDICIAL GUARANTEES, IN RELATION TO THE DUTY TO ADOPT
DOMESTIC LEGAL EFFECTS AND OBLIGATION TO RESPECT AND GUARANTEE
RIGHTS
A)
Introduction
63.
In this case, both the Commission and the representatives have alleged that in
the criminal proceedings against Mr. Mohamed, which established his responsibility for
committing the crime of manslaughter, his right to appeal the judgment was violated, a
judicial guarantee protected under Article 8(2) (h)62 of the American Convention, as well
58
Cf. Brief filed on September 27, 1995 by the defense attorney of Oscar Alberto Mohamed against the
decision issued on September 19, 1995 by the Supreme Court of Justice (evidence file to facilitate adjudication
presented by the State on July 23 and 30 and August 10, 2012, pages 15 and 16).
59
Cf. Ruling issued on October 19, 1995 by the Supreme Court of Justice (evidence file to facilitate
adjudication presented by the State on July 23 and 30 and August 10, 2012, page 18).
In this regard, on October 31, 1995 Mr. Mohamed’s defense attorney “formulated] statements” in connection
with the payment of a deposit for the filing of a motion for review in accordance with the provisions of Article
286 of the Code of Criminal Procedure, Law 2372 of 1888, and reiterated his request to the Supreme Court
that "[he] be exempted” from said payment. Statement - Deposit Article 286 CPCC filed by Roque J. Mantione,
defense attorney of Oscar Alberto Mohamed received by the Supreme Court of Justice on October 31, 1995
(evidence file to facilitate adjudication presented by the State el July 23, 2012, pages 19 to 21).
60
Cf. Telegram dated June 17, 1995 notifying Oscar Alberto Mohamed of his dismissal from “Transporte
22 de Setiembre” (File of attachments to the Report on Merits 173/10, Annex 12, page 53).
61
Cf. Receipt for payment No. 4/0041 of April 1995 by “Transporte 22 de septiembre” to Oscar Alberto
Mohamed (File of attachments to the Report on Merits 173/10, Annex 2, page 7).
62
Article 8 (Judicial Guarantees) of the Convention states:
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:
[…]
h) the right to appeal the judgment to a higher court
20