44
maintaining public order, especially when dealing with acts like the ones that
originated the criminal procedure followed against Mr. Fermín Ramírez, which not
only constitute a damage to the individuals but to society as a whole, and they
deserve the most energetic rejection, even more so when they involve boys and
girls. However, the States’ fight against crime must take place within the limits and
pursuant to the procedures that permit the preservation of both public security and a
complete respect of the human rights of those submitted to their jurisdiction.86
64.
In order to establish if the State violated provisions of the Convention, the
Court must determine:
a)
the nature and content of the so called “principle of coherence or
correlation between the indictment and the verdict” in matters of criminal
procedures in the light of the judicial guarantees included in Article 8 of
the Convention; specifically, the possibility that the criminal judge give the
illicit act a legal classification different to the one established in the
indictment, or to include facts not included in the latter, all in relation with
the defendant’s right to a defense;
b)
the need to contemplate in the criminal indictment the circumstances that
prove the dangerousness of the agent and the relevance, from the
perspective of criminal legality, that the legal description of the crime or
the determination that its consequences include references to the
dangerousness of the agent, which influence the legal determination of
the sentence; and
c)
Mr. Fermín Ramírez’s access to an effective remedy to protect his rights in
the criminal process developed against him, pursuant to Article 25 of the
Convention.
a)
Principle of coherence or correlation between the indictment and the
verdict.
65.
One of the main arguments presented by the Commission and the
representative in holding that the State violated Article 8 of the Convention is the
non-observance of the mentioned correlation between the indictment and the
judgment. The inconsistency occurred when the Trial Court changed the legal
classification of the crime and considered as proven new facts and circumstances,
that were not considered in the indictment or the order for trial to commence, that
is: the cause of death of the minor and the circumstances that in the opinion of the
Trial Court proved that Mr. Fermín Ramírez represented a greater danger.
66.
The Convention does not endorse any specific criminal procedural system. It
gives the States the liberty to determine which one they prefer, as long as they
respect the guarantees established in the Convention itself, the internal legislation,
other applicable international treaties, the unwritten norms, and the imperative
stipulations of international law.
86
Cfr. Case of Hilaire, Constantine and Benjamin et al.. Judgment of June 21, 2002. Series C No.
94, para. 101; Case of Bámaca Velásquez, supra note 84, para. 174; and Case of Durand and Ugarte.
Judgment of August 16, 2000. Series C No. 68, para. 69.
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