52
140. Therefore, the Court considers that the State violated Article 25 of the American
Convention, in detriment of Mr. Alfredo López Álvarez, since it did not guarantee his
access to effective judicial recourses that could protect him against the violations to his
rights.
b)
Presumption of innocence
141.
Article 8(2) of the Convention states that
[e]very 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.
142. In their domestic law and in the application of the same by the competent
authorities, the States must observe the exceptional nature of the preventive detention
and respect the principle of presumption of innocence all throughout the process
(supra paras. 67, 68, and 69).
143. In the present judgment it was established that Mr. Alfredo López Álvarez
suffered an illegal and arbitrary preventive detention and that he remained imprisoned
until August 26, 2003 (supra paras. 75 and 54(45)).
144. The alleged victim was detained for more than 6 years, without a reason that
justified the preventive detention (supra paras. 74 and 78), which violated his right to
be presumed innocent of the criminal offense he was being charged with.
c)
Right to a fair trial in the criminal process
145. This Court reiterates that the alleged victims or their representatives may
invoke rights different to those included in the Commission’s application, as long as
they stick to the facts included in the latter (supra para. 82). Therefore, the Court will
analyze the violation of Article 8, subparagraphs 2(b), 2(d), 2(e), and 2(g) of the
Convention, claimed by the representatives.
146.
Article 8 establishes, in what is relevant, that:
2.
[…] 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;
[…]
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;
[…]
g)
the right not to be compelled to be a witness against himself or to plead
guilty [.]
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