Table of Contents I. II. III. IV. V. VI. VII. VIII. IX. INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE PROCEEDING BEFORE THE COURT PRELIMINARY OBJECTION JURISDICTION EVIDENCE A) Documentary, testimonial and expert evidence B) Admission of evidence B.1) Admission of documentary evidence B.2) Admission of the statement of the alleged victim and of the expert evidence PROVEN FACTS A) Criminal proceeding against Mr. Mohamed B) Subsequent legal remedies C) Consequence of criminal disqualification from driving RIGHT TO JUDICIAL GUARANTEES, IN RELATION TO THE DUTY TO ADOPT DOMESTIC LEGAL EFFECTS AND OBLIGATION TO RESPECT AND GUARANTEE RIGHTS A) Introduction B) Arguments of the Commission and of the parties B.1) Alleged violation of the right to appeal the judgment (Article 8(2) (h) of the Convention) in relation to the obligation to adopt domestic legal effects (Article 2) of the Convention). B.2) Alleged violation of the right to adequate time and means for the preparation of the defense (Article 8(2)(c) of the Convention) B.3) Alleged violation of duty to substantiate any accusation and of the right to be heard (Article 8 (1) of the Convention) B.4) Alleged violation of judicial protection (Article 25(1) of the Convention) B.5) Alleged violation of the right protected in Article 8(4) of the Convention C) General considerations of the Court D) Right to appeal the judgment before a higher judge or court (Article 8(2) (h) of the Convention) in relation to the obligation to adopt domestic legal effects (Article 2 of the Convention) D.1) Scope of Article 8(2)(h)of the Convention with respect to criminal convictions issued in a decision against an acquittal D.2) Content of the right to appeal the conviction D.3) Regarding the alleged inability of Mr. Mohamed to appeal his conviction and the procedural mechanisms to which he had access within the Argentine legal framework in light of Article 8(2)(h)of the Convention D.4) Obligation to Adopt Domestic Legal Effects (Article 2 of the American Convention) in relation to the right to appeal the judgment E) Alleged violation of the right protected in Article 8(4) of the American Convention ALLEGED VIOLATION OF PRINCIPLE OF LEGALITY (ARTICLE 9), IN RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS A) Arguments of the Commission and of the parties B) Considerations of the Court REPARATIONS (APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION) A) Injured Party B) Guarantee Mr. Mohamed the right to enjoy the right protected in Article 8(2)(h)of the Convention C) Measure of satisfaction: publication and dissemination of the 3 Paragraphs 1-3 4-19 20-28 29 30-37 31 32-37 32-34 35-37 38-61 40-50 51-60 61 62-126 62-64 65-78 65-68 69-71 72-73 74-76 77-78 79-85 86-119 88-95 96-101 102-112 113-119 120-126 127-139 127-129 130-139 140-187 144-147 148-152 153-155