administration of justice at all levels have an obligation to exercise a “conventional
control” ex officio to ensure compatibility between the domestic legal provisions which
are applied to specific cases and the American Convention on Human Rights, obviously
within the context of their respective jurisdictions and the relevant procedural
regulations. In undertaking this task, they must take into account not only the
international treaty in question, but also its interpretation by the Inter-American Court,
20
as the final interpreter of the American Convention.
19.
This should ensure the strictest diligence in safeguarding conventional guarantees
within the domestic sphere. Thus, the Court recalls its considerations regarding the
conditions of secrecy and isolation surrounding the procedures in question, which violate
the right to the public nature of the proceeding.21 Accordingly, this Court reiterates that
the right to a public criminal trial, “except when necessary to safeguard the interests of
justice,” “is an essential element of accusatory criminal procedural systems in democratic
22
and has the “function of preventing the administration of justice in secret
States,”
[and] subjecting it to the scrutiny of the parties and the public [ in order to guarantee]
the transparency and impartiality of the decisions to be taken,” thereby promoting
23
confidence in the courts of justice.
20.
Furthermore, the Court reiterates its rejection of the criteria of social danger as
justification for restricting a person’s rights, particularly their right to due process.24
Likewise, this Court emphasizes that public authorities must diligently uphold the
principles of legality in criminal law, right to defense and the duty to guarantee the rights
of persons deprived of liberty, within the framework of the Court’s jurisprudence and
applicable international law.
21.
Bearing in mind the foregoing points, given that eight years has elapsed since the
rendering of the Judgment in this case and in the absence of a specific and current
dispute between the parties regarding the scope of the reforms ordered, this Court
proceeds to conclude the monitoring of compliance with this measure of reparation. The
Court points out that although some aspects of the antiterrorist legislation have not been
analyzed in the context of this Order, this does not preclude their future analysis in the
context of other contentious cases.
B)
Regarding the obligation to provide adequate and specialized medical
care to the victim (Operative paragraph 4 of the Judgment)
i)
Information presented by the parties
20
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs.
Judgment of September 26, 2006. Series C No. 154, para. 124 and Case of Gelman v. Uruguay. Merits and
Reparations. Judgment of February 24, 2011. Series C No. 222, para. 193.
21
Cf. Case of Castillo Petruzzi et al. v. Peru, supra note 10, paras. 172 and 173; Case of Cantoral
Benavides v. Peru. Merits, Reparations and Costs. Judgment of August 18, 2000. Series C No. 69, paras. 146
and 147, and Case of Lori Berenson-Mejía, supra note 5, para. 198.
22
Cf. Case of Lori Berenson-Mejía, supra note 5, paras. 198 to 200 and Case of Palamara Iribarne v.
Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135, para. 167.
23
Cf. Case of Palamara Iribane, supra note 22, para. 168.
24
Cf. Case of Fermín Ramírez v. Guatemala. Merits, Reparations and Costs. Judgment of June 20, 2005.
Series C No. 126, paras. 92 to 98.
6