22 detain any person. In sum, Mrs. Fredesvinda Tineo Godos was freed the next day of her detention and there was a domestic decision determining the illegality of the detention. The Commission considers that the State overcame the situation and, therefore, by virtue of the principle of subsidiarity, the Commission will not make a finding on the alleged violations to personal liberty. B. Right to a fair trial, right to seek asylum, guarantee of non-return and judicial protection (articles 8, 22(7), 22(8) y 25 of the American Convention) 107. The pertinent parts of Article 8 of the American Convention recognize the following: 1. 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. 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: (…) c. adequate time and means for the preparation of his defense; 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; 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. the right to appeal the judgment to a higher court (…) 108. For its part, Article 22(7) of the Convention provides: 7. Every person has the right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the event he is being pursued for political offenses or related common crimes. 109. Regarding the principle of non-return, article 22(8) of the American Convention provides: In no case may an alien be deported or returned to a country, regardless of whether or not it is his country of origin, if in that country his right to life or personal freedom is in danger of being violated because of his race, nationality, religion, social status, or political opinions. 110. On its part, Article 25 of the American Convention status 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.