62
150.
In the analysis of the right to personal liberty, the Court previously noted
that it is not pertinent to make any type of pronouncement on the causes that
originated the detention of the alleged victims (supra para. 102). Next, where
applicable, it will be analyzed the specific impact that these alleged irregularities
might have had on some guarantees.
151.
In order to analyze the alleged violations of articles 8 and 25 of the
American Convention and the alleged non-compliance with the obligations
established in other Inter-American treaties related to it, the Court shall analyze, in
relation to the criminal proceeding conducted against Messrs. Cabrera and Montiel,
1) the right to defense; 2) the obligation not to consider evidence obtained under
duress and 3) the principle of presumption of innocence. In relation to the process
of investigation into the alleged torture that was conducted by the military criminal
justice, the Tribunal shall study: 1) the ex officio investigation; 2) the competence
of the military criminal justice; 3) the effective judicial remedy of the military
criminal justice, and 4) adaptation of the Mexican domestic law regarding the
intervention of the military criminal justice.
were “illiterate.”.” Cf. Certificate of medical and psychophysical condition issued on May 19, 2000, supra
note 156, folio 2074.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos