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A.1.4. Reasonable time
93.
The Commission emphasized that in order to justify the complexity of the
process, the State must provide specific information that directly links the elements of
complexity invoked with the delays in the proceedings, which has not occurred in the
instant case. Regarding the appeals filed by the defense of the alleged victim, the
Commission argued that the filing of ordinary remedies to challenge possible violations
of due process cannot be considered as a factor for the analysis of reasonable time. In
addition, there are no elements in the file to indicate that Mr. Grijalva Bueno’s defense
counsel obstructed the process by filing various appeals. It added that the conduct of
the authorities reveals prolonged, unjustified delays during the process and, in
particular, affects the legal situation of the human rights defender and discourages the
exercise of that right. In view of the foregoing, the Commission considered that the
seven years and two months that elapsed from the beginning of the investigation until
the ratification of the judgment constituted an unreasonable period of time.
94.
With respect to the actions of the judicial authorities, the State argued that they
proceeded in an ex officio manner due to the type of crime investigated, as reflected in
the facts, receiving testimonies, gathering documentary and material evidence.
Moreover, it pointed out that measures such as the pretrial detention of the defendants
were ordered, that is to say, they carried out their duty to investigate with due diligence,
observing the basic principles of due process and having regard to the competence and
jurisdiction of the military judges and courts. With respect to the standard of reasonable
time derived from the conduct of the jurisdictional authorities during the criminal
proceedings, it argued that there is no evidence whatsoever to suggest any irregular
action on the part of the judges who heard the case, since they acted in accordance
with constitutional principles applicable to the proceedings and the legal norms in force
at the time of the alleged facts. The State also noted that Mr. Grijalva Bueno, through
his defense counsel, continually filed various briefs requesting the revocation of orders
and other procedural incidents that contributed, to some degree, to prolong the
duration of the proceedings. It concluded that the time taken to settle the instant case
cannot be considered unreasonable nor can the State be held responsible for the
violation of Article 8 of the American Convention.
A.2 Considerations of the Court
95.
Based on the foregoing arguments, the Commission considers that the military
criminal proceedings against Mr. Grijalva Bueno violated his rights to judicial
guarantees, specifically the right to a defense, the right to examine witnesses, the
principle of the presumption of innocence, the duty to state reasons for decisions, the
exclusionary rule, the reasonable time limit and judicial protection in terms of access
to an effective remedy. Consequently, the Commission requested that the Court declare
the State’s responsibility for the violation of Articles 8(1), 8(2), 8(2) b), 8(2) c), 8(2)
f), and 25(1) of the American Convention, in relation to Article 1(1) thereof, to the
detriment of Mr. Aníbal Vicente Grijalva Bueno. For its part, the State insisted that it
did not violate those rights, as alleged by the Commission.
It added that in this ruling “there is a written complaint from GR and other documents that prove
the statements made by several declarants; authorizations to transport fuel; cash receipts; and the
testimonies of [GR]; [RG]; [VR] [,] among others […].”
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