69
The Court’s Assessment
167.
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.
168.
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.
[…]
169.
Article 25 of the American Convention provides 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.
[…]
170. In the instant case, the Commission and the representatives alleged that
Articles 8 (Right to a Fair Trial) and 25 (Right to Judicial Protection) of the American
Convention in relation with Article 1(1) thereof have been violated to the detriment
of the relatives of the alleged victim, based on the fact that the criminal action filed
in order to investigate, identify and punish those responsible for the ill treatment and
death of Mr. Damião Ximenes-Lopes is still pending, six years after the events took
place, and no decision has been rendered by the trial court (supra para. 112(43)).
Moreover, the civil action for damages has not been adjudicated either ( supra para.
112(49)). Therefore, the Court deems it necessary to look into the proceedings in
connection with the police investigation and the criminal action and the civil action
for damages that are currently pending before the domestic courts Such inquiry must
be carried out pursuant to Articles 8 and 25 of the American Convention, in relation
with the relatives of the alleged victim.
171. The Court must determine whether the proceedings have been conducted
observing the judicial protection requirements and within a reasonable time, and
whether they have provided an effective recourse to guarantee the rights to justice,
the knowledge of the truth and reparations to the relatives.
172. It is worth noting that it is a basic principle of the law governing the
international liability of States, endorsed by the International Law of Human Rights,
that every State is internationally responsible for acts or omissions by any of its
branches or agencies in violation of the internationally recognized rights, pursuant to
Article 1(1) of the American Convention.129129
129
Cf. Case of Baldeón-García, supra note 4, para. 140; Case of Pueblo Bello Massacre, supra note
25, para. 111 and 112; and Case of Mapiripan Massacre, supra note 21, para. 108