victim “was notified of the reason for her detention and Manuela received a clear and precise
explanation of the facts for which she was being prosecuted;” (iii) the presumed victim was
appointed a public defender on February 28, 2008; (iv) Manuela’s defense was “reasonable”
and “Manuela was not present at the initial hearing because she had not been transferred to
the court by the Section for the Transfer of Defendants of the Eastern Zone of San Miguel,
due to lack of personnel”; (v) at the preliminary investigation stage, “all the evidentiary
procedures were conducted in the presence of the public defender”; (vi) during the special
hearing to review measures, the defense counsel asked for “the review of the extreme
measure of pretrial detention and its substitution by any other measure”; (vii) Manuela’s
failure to make a statement during the trial is explained by the fact that “this formed part of
the defense’s strategy in favor of Manuela,” and (viii) at the time the criminal trial was held
“there was no remedy that allowed a comprehensive review of a guilty verdict in a criminal
trial,” but “the assertion that the defender did not inform Manuela that remedies existed was
not proved during the criminal proceedings.” The State also indicated that the judicial
decisions were duly reasoned. Lastly, it stressed that, “when delivering the judgment on the
merits of this case, the evidence provided to the court was assessed completely and
comprehensively, without filling in factual gaps with stereotypes, because circumstances were
proved that led the court to determine with positive certainty the existence of the crime and
the criminal participation.”
B.
Considerations of the Court
118. The Court has indicated that the right to due process refers to the series of requirements
that must be met in the procedural instances to ensure that individuals are able to adequately
defend their rights vis-à-vis any act of the State adopted by any public authority, whether
administrative, legislative or judicial, that could impair them.213 The right to defense,
especially in criminal proceedings, is a central component of due process and, necessarily, it
must be possible to exercise this from the moment a person is accused of being the possible
perpetrator of, or participant in, an unlawful act, and only ends when the proceedings are
concluded, including, if applicable, the stage of execution of the sentence. 214
119. In this case, a series of violations of judicial guarantees has been alleged. The Court
only has sufficient evidence to examine: (1) the right to defense; (2) the use of gender
stereotypes and judicial guarantees, and (3) the sentence imposed on Manuela.
B.1
The right to defense
120. The right to defense obliges the State to treat the individual, at all times, as a true
subject of the proceedings, in the broadest sense of this concept, and not merely as an object
of the proceedings.215 The right to defense has two aspects during criminal proceedings; on
the one hand, the right to a substantive defense through the actions taken by the defendant,
and its principal feature is the possibility of playing an active role in the hearings and
procedures and providing a freely-given statement regarding the acts with which he has been
charged and, on the other hand, through a professional defense by a legal practitioner, who
acts as an adviser to the defendant concerning his rights and obligations, and ensures, inter
Cf. Case of the Constitutional Court v. Peru. Merits, reparations and costs. Judgment of January 31, 2001.
Series C No. 71, para. 71, and Case of Casa Nina v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of November 24, 2020. Series C No. 419, para. 88.
213
Cf. Case of Barreto Leiva v. Venezuela. Merits, reparations and costs. Judgment of November 17, 2009. Series
C No. 206, para. 29, and Case of Grijalva Bueno v. Ecuador. Preliminary objection, merits, reparations and costs.
Judgment of June 3, 2021. Series C No. 426, para. 100.
214
Cf. Case of Barreto Leiva v. Venezuela, supra, para. 29, and Case of Ruiz Fuentes et al. v. Guatemala.
Preliminary objection, merits, reparations and costs. Judgment of October 10, 2019. Series C No. 385, para. 151.
215
37