and that they are kept private only exceptionally, “to preserve the interests of justice.” In the
instant case, the State has not proved the need and proportionality of the restriction of the
guarantee of the public nature of the proceedings. Consequently, the Court concludes that the
application, as a general rule, of the private nature of the proceedings against Ms. J. until the 2003
legislative reform violated Article 8(5) of the Convention, in relation to Articles 1(1) and 2 of this
instrument, to the detriment of Ms. J., inasmuch as the violation resulted from a legal norm in force
at the time of the facts.
B.1.4) The absence of reasoning and the presumption of innocence in the decision of
the Supreme Court of Justice of December 27, 1993
i. Arguments of the Commission and of the parties
221. The Commission considered that the Supreme Court of Justice had failed to comply with the
obligation to provide its reasoning in its decision of December 27, 1993, because “it did not give any
explanation of the reasons” for the decision; “nor did it explain which facts had not been duly
evaluated, or […] indicate why the evidence had not been assessed adequately.” According to the
Commission, the Supreme Court of Justice “failed to provide an individualized reasoning with regard
to the situation of Ms. J.,” bearing in mind that the proceedings included a large number of persons
for diverse acts, with different evidence and charges. In addition, the Commission argued that, in
this case, “it was particularly relevant for the judicial authority to provide the reasoning that
substantiated its ruling, because this entailed the declaration of the nullity of an acquittal for which
important arguments had been made concerning the existence of a reasonable doubt about Ms. J.’s
criminal responsibility”; consequently, the absence of reasoning also constituted non-compliance
with the principle of the presumption of innocence. The Commission indicated that “the legal
grounds are unknown, […] there is no information as to whether one of the parties had filed an
appeal and that is why the Supreme Court [decided] to issue this ruling.”
222. The representative argued that the judgment declaring the nullity of the acquittal “made no
mention of substantiation or reason […] or referred to any legal basis for the ruling. Nor did it
mention under which norm (paragraph) of the Code of Criminal Procedures it had made its ruling on
nullity. […] The grounds are specific and restrictive.” According to the representative, the Supreme
Court “could not consider the facts that had been established or deny them indicating ‘that the
evidence had not been assessed correctly,’ especially without providing the reasoning for this
position’; while the grounds for annulment entail “serious irregularities, omission of procedures or
omission of guarantees,” none of which was indicated as the grounds for the declaration of nullity.
223. The State indicated that “regardless of whether the ruling issued was duly reasoned,” “the
said ruling no longer has any legal effect,” owing to the case law of the Constitutional Court […] and
Legislative Decree No. 926, which “should be considered as a measure of reparation.” It also argued
that “if the petitioner and the Commission consider that the judgment of December 27, 1993, is
contrary to the provisions of due process and, therefore, invalid, the same is true of the judgment
of June 18, 1993, which acquitted her.”
ii. Considerations of the Court
224. The Court has indicated that the reasoning is the exteriorization of the rational justification
that allows a conclusion to be reached. 332 The obligation to provide the reasoning for decisions is a
guarantee related to the conscientious administration of justice that guarantees the individual the
right to be tried for the reasons established by law, while providing credibility to judicial decisions in
332
Cf. Case of Chaparro Álvarez and Lapo Íñiguez. v. Ecuador, supra, para. 107, and Case of López Mendoza v.
Venezuela, supra, para. 141.
66
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