a means to comply formalistically with the legitimacy of the process. Therefore, any form of insubstantial defense would result in the violation of the American Convention.68 90. Specifically, on the right to right to have an assigned counsel when the person does not have private counsel, the Inter-American Court has stated that: (…) to appoint an ex officio defender with the only purpose to comply with a procedural formality would be the tantamount to not having technical defense, so it is compulsory that said counsel acts diligently in order to protect the due process of the defendant and avoid the infringement of his rights and break the trust relationship. To this end, it is necessary that the institution of the public defense as a means, through which the State guarantees the inalienable right of all accused of a crime to be assisted by a defender, is equipped with sufficient guarantees for its efficient participation and equality of arms with the persecutory power. The Court has recognized that to fulfill this purpose, the State shall adopt all appropriate measures. Among them, having trained and qualified defenders who can act with functional autonomy.69 91. In the Ruano Torres et al. v. El Salvador Case, the Inter-American Court stated that the States may be responsible for not providing a suitable, properly trained and effective defense to persons subject to criminal proceedings and who do not have their own appointed counsel.70 92. 1. 6. In similar sense, the UN Basic Principles on the Role of Lawyers provide that, All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings. Any such persons who do not have a lawyer shall, in all cases in which the interests of justice so require, be entitled to have a lawyer of experience and competence commensurate with the nature of the offence assigned to them in order to provide effective legal assistance, without payment by them if they lack sufficient means to pay for such services71. 93. The Commission reiterates that the guarantee of an adequate technical defense in cases that could result in the imposition of a death penalty must be analyzed very strictly. In the words of the Commission, “strict compliance with the right to receive competent technical assistance is imposed by the possibility of the death penalty being sentenced.”72 94. Como lo ha expresado la CIDH: The appointment of an attorney by the state does not, in and of itself, ensure effective assistance of counsel. At the same time, while the state is responsible for ensuring that such assistance is effective, it is not responsible for what may be understood as decisions of strategy or for every possible shortcoming. Rather, the Commission must evaluate whether the assistance of counsel was effective in the overall context of the process and taking into 68 I/A Court H.R., Case of Ruano Torres et al. v. El Salvador Case. Merits, Reparations and Costs. Judgment of October 5, 2015. Series C No. 303, para. 158. 69 I/A Court H.R., Case of Ruano Torres et al. v. El Salvador. Merits, Reparations and Costs. Judgment of October 5, 2015. Series C No. 303, para. 157. 70 I/A Court H.R., Case of Ruano Torres et al. v. El Salvador. Merits, Reparations and Costs. Judgment of October 5, 2015. Seres C No. 303, para. 164. 71 Basic Principles on the Role of Lawyers, Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, ONU Doc. A/CONF.144/28/Rev.1 p. 118 (1990). 72 IACHR, The Death Penalty in the Inter-American System of Human Rights: From Restrictions to Abolition, OEA/Ser.L/V/II.Doc. 68, December 31, 2011, p. 131. 16