39
104.
Article 8 of the Convention establishes 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:
a.
the right of the accused to be assisted without charge by a translator
or interpreter, if he does not understand or does not speak the
language of the tribunal or court;
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;
g.
the right not to be compelled to be a witness against himself or to
plead guilty; and
h.
the right to appeal the judgment to a higher court.
[…]
105.
Article 25 of the Convention stipulates that:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
2.
The States Parties undertake:
a.
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal
system of the State;
b.
to develop the possibilities of judicial remedy; and
c.
to ensure that the competent authorities shall enforce such remedies
when granted.
106. The Court has affirmed that, under the American Convention, the States
Parties are obliged to provide effective judicial remedies to the victims of human
rights violations (Article 25), remedies that must be implemented according to the
rules of due process of law (Article 8(1)), all within the general obligation of States
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