53
147. The States Parties in the American Convention have an obligation to comply
with the rules of the due process of law (Article 8(1)), within the general obligation of
such States to guarantee the free and full exercise of the rights recognized by the
Convention to all persons subject to their jurisdiction (Article 1(1)).108
148. All organs that exercise functions of a substantially jurisdictional nature have
the obligation to adopt just decisions based on full respect for the guarantee of due
process established in Article 8 of the Convention.109
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149. Article 8(2)(b) of the American Convention orders that the competent judicial
authorities notify the accused of the charges presented against him, their reasons, and
the crimes or offenses he is charged with.110 In order for this right to satisfy its
inherent purposes, it is necessary that this notification be given before the accused
offers his first statement.111 This guarantee is essential for the effective exercise of the
right to a defense. It is precise to especially consider the application of this guarantee
when measures that restrict the right to personal liberty are adopted, as in this case.
150. In the present case, it was proven that Mr. Alfredo López Álvarez offered his
preliminary examination statement on April 29, 1997, without the assistance of legal
counsel (supra para. 54(17)). The evidence offered proves that on that same day the
alleged victim appointed his legal counsel, whose accreditation before the Sectional
Court of First Instance of Tela was presented on April 30, 1997 and this Court admitted
the writ on May 2, 1997 (supra para. 54(18)). On the mentioned April 30, 1997 the
Office of the Public Prosecutor presented before the Sectional Court of First Instance of
Tela an accusation for the possession, sale, and trafficking of cocaine against Mr.
Alfredo López Álvarez and others (supra para. 54(19)). Therefore, Mr. López Álvarez
gave his preliminary examination statement without a previous and detailed knowledge
of the accusation against him.
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151. Article 229 of the Code of Criminal Procedures, in force in 1998, established
that “[…] once he has given his preliminary examination statement, the accused
person may appoint his defense counsel and he will be allowed to request the
corresponding copy.” At the same time, Article 253 of the same Code stated that “[i]n
108
Cf. Case of Palamara-Iribarne, supra note 15, para. 163; Case of the “Mapiripán Massacre”, supra
note 15, para. 195, and Case of the Moiwana Community, supra note 99, para. 142.
109
Cf. Case of Palamara-Iribarne, supra note 15, para. 164; Case of Yatama. Judgment of June 23,
2005. Series C No. 127, para. 149; Case of Ivcher Bronstein. Judgment of February 6, 2001. Series C No.
74, para. 104.
110
Cf. Case of Palamara-Iribarne, supra note 15, para. 225; Case of Acosta-Calderón, supra note 18,
para. 118, and Case of Tibi, supra note 80, para. 187.
111
Cf. Case of Palamara-Iribarne, supra note 15, para. 225; Case of Acosta-Calderón, supra note 18,
para. 118, and Case of Tibi, supra note 80, para. 187.
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