28
VIII
MERITS
90.
Having already resolved the preliminary objections (supra Chapter III) and the
two questions arose by the State as preliminary matters (supra Chapter IV), as well
as having analyzed the terms of the partial acknowledgment of international
responsibility made by the State, the Tribunal shall now proceed to consider and
decide the merits of the case.
VIII-1
RIGHT TO PERSONAL LIBERTY, RIGHT TO A FAIR TRIAL [JUDICIAL
GUARANTEES], FREEDOM FROM EX POST FACTO LAWS, AND RIGHT TO
JUDICIAL PROTECTION, IN CONJUNCTION WITH
THE OBLIGATIONS TO RESPECT RIGHTS AND DOMESTIC LEGAL EFFECTS
91.
Once the scope of the partial acknowledgment of responsibility made by the
State has been established (supra Chapter VI), the Tribunal shall evaluate the aspects
regarding which there is still controversy in relation to Articles 7,62 8,63 and 2564 of
62
Article 7 of the American Convention provides that:
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions
established beforehand by the constitution of the State Party concerned or by a law established pursuant
thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be reported of the reasons for his detention and shall be promptly notified
of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to
exercise judicial power and shall be entitled to trial within a reasonable time or to be released without
prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his
appearance for trial.
6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the
court may decide without delay on the lawfulness of his arrest or detention and order his release if the
arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be
threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may
decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested
party or another person in his behalf is entitled to seek these remedies.
63
Article 8 of the Convention, in its relevant part, provides that:
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a
civil, labor, fiscal, or any other nature.
2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt
has not been proven according to law. During the proceedings, every person is entitled, with full equality,
to the following minimum guarantees:
[…]
b) prior notification in detail to the accused of the charges against him;
c) adequate time and means for the preparation of his defense;
d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own
choosing, and to communicate freely and privately with his counsel;
e) the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law
provides, if the accused does not defend himself personally or engage his own counsel within the time
period established by law;
f) the right of the defense to examine witnesses present in the court and to obtain the appearance, as
witnesses, of experts or other persons who may throw light on the facts;
[…]
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos