33
4.
The State did not violate the right to examine witnesses present in trial and to
obtain the appearance of witnesses and expert witnesses, enshrined in Article 8(2)(f)
of the American Convention, under the terms of paragraphs 65 and 66 of this
Judgment.
5.
The State did not violate the right embodied in Article 8(1) of the Convention
of being tried by a competent court, based on the reasons mentioned in paragraphs
74 to 81 of this Judgment.
6.
The State violated the right to appeal a ruling, embodied in Article 8(2)(h) of
the Convention, in conjunction with Articles 1(1) and 2 therein, to the detriment of
Mr. Barreto Leiva, under the terms of paragraphs 84 to 91 of this Judgment.
7.
The State did not violate the right of Mr. Barreto Leiva of being tried by an
impartial court, enshrined in Article 8(1) of the American Convention, based on the
reasons mentioned in paragraphs 94 to 99 of this Judgment.
8.
The State did not violate the right to judicial guarantees, contemplated in
Article 25(1) of the American Convention, based on the reasons mentioned in
paragraphs 101 to 103 of this Judgment.
9.
The State violated the right to personal liberty and the right not to be subject
to arbitrary detention, embodied in Articles 7(1) and 7(3) of the American
Convention, in relation to Articles 1(1) and 2 therein, to the detriment of Mr. Barreto
Leiva, under the terms of paragraphs 111 to 116 of this Judgment.
10.
The State violated the right to personal liberty, the right to trial within a
reasonable time and the right to be presumed innocent, embodied in Articles 7(1),
7(5) and 8(2) of the American Convention, in conjunction with Articles 1(1) therein,
to the detriment of Mr. Barreto Leiva, under the terms of paragraphs 118 to 123 of
this judgment.
AND ORDERS:
Unanimously that:
11.
This Judgment is per se a form of reparation.
12.
The State, by means of its Judiciary and according to the terms of paragraphs
128 to 131, must grant Mr. Barreto Leiva, if he so wishes, the possibility of appealing
the decision and fully reviewing the condemnatory judgment to which this Judgment
makes reference (supra para. 22). If the court decides that the conviction was
according to the Law, such court shall not impose an additional punishment on the
victim and it shall reiterate that the victim has already complied with all the
convictions imposed in due time. If, however, the court decides that Mr. Barreto
Leiva is innocent or that the conviction imposed on him was not according to the
Law, the court shall order appropriate measures of reparations for the time that Mr.
Barreto Leiva was deprived of liberty and for all the pecuniary and non-pecuniary
damage caused to him. This obligation must be complied with within a reasonable
time.
13.
The State must, within a reasonable time and according to paragraphs 133
and 134 of this Judgment, adapt its domestic legal system, in order to guarantee the
right to review by a higher court, according to Article 8(2)(h) of the Convention, to
every person tried for a crime, even to those persons who enjoy a special judicial
privilege
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