26 92 93 against that denial, which was similarly turned down on April 3, 2008. The proceedings are at the preliminary phase before the 25th Control Court, before which, as of January 2008, the defense did have access to the case files. On November 23, 2009, after having been told informally that the case file was not physically at the offices of the Twenty-fifth Temporary Judge, the defense inquired as to its location in 94 order to request certified copies. B. Findings of law 1. Right to a fair trial and judicial protection (Articles 8(1) and 25 of the American Convention, in conjunction with Article 1(1) thereof) 119. Article 8(1) of the American Convention provides that: 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. 120. Article 25 of the Convention, in turn, reads: 1. Everyone has the right to simple 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. Article 1(1) of the American Convention provides 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. 122. Article 2 of the American Convention provides that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. a. Right to an impartial and independent judge 92 Annex 53. Appeal filing of February 7, 2008. Annex 75 to the petitioners’ submission received on November 30, 2009. 93 Annex 54. See: Defense brief. Annex 76 to the petitioners’ submission received on November 30, 2009. 94 Annex 54. Defense brief. Annex 76 to the petitioners’ submission received on November 30, 2009.