25
addition to fueling doubts about the independence of the judiciary, the absence of clear rules on the
grounds and procedure for removing judges from office can lead to arbitrary abuses of power, with
direct repercussions for the rights of due process and of freedom from ex post facto laws. The
following paragraphs analyze the effects of the lack of clarity in the regulations governing the
victims’ tenure and removal from office in light of those rights.
D.
Right to a fair trial and to freedom from ex post facto laws (Articles 8 and 9 of the
American Convention)
96.
The relevant part of Article 8 of the American Convention provides:
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;
(…)
(h) the right to appeal the judgment to a higher court.
97.
Article 9 of the American Convention establishes:
No one shall be convicted of any act or omission that did not constitute a criminal offense,
under the applicable law, at the time it was committed. A heavier penalty shall not be
imposed than the one that was applicable at the time the criminal offense was committed. If
subsequent to the commission of the offense the law provides for the imposition of a lighter
punishment, the guilty person shall benefit therefrom.