89
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.
120.
the right to appeal the judgment to a higher court.
Article 25 of the Convention states that:
1.
Everyone has the right to simple and prompt recourse, or any other
effective recourse, to a competent court or tribunal for protection against acts
that violate his fundamental rights recognized by the constitution or laws of
the state concerned or by this Convention, even though such violation may
have been committed by persons acting in the course of their official duties.
2.
The States Parties undertake:
a.
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of
the state;
b.
to develop the possibilities of judicial remedy; and
c.
to ensure that the competent authorities shall enforce such remedies
when granted.
121. Since both, administrative, and judicial proceedings were implemented in the
instant case, they shall be analysed separately.
A.
ADMINISTRATIVE PROCEEDING
122. This Court must analyse first the realm of applicability of Law 25, in order to
consider later whether or not the State violated Articles 8 and 25 of the American
Convention.
123. It is evident that Law 25 does not refer to penal matters, since it does not
characterise an offence nor does it sanction through the imposition of a punishment.
Contrary to this, it deals with an administrative or labour relations matter.
Therefore, the determination of the realm of influence of Article 8 of the Convention,
in particular whether or not it is applied only to penal proceedings, corresponds to
this Court.
124. Although Article 8 of the American Convention is entitled “Right to a Fair
Trial,” its application is not limited to judicial remedies in a strict sense, “but [to] all
the requirements that must be observed in the procedural stages,”(This translator's
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