48
*
*
*
121. On the other hand, the representatives of the alleged victim argued the
violation of Article 17(1) of the Convention, which enshrines the Protection of the
Family, adducing that the transfer of Mr. Alfredo López Álvarez to the National
Penitentiary of Támara worsened his separation with regard to his next of kin and his
community. They indicated that the alleged victim could not carry out work activities
while detained, he left his family unprotected, and he was not with them during
difficult times. Neither the Commission nor the State referred to this violation.
122. The facts argued by the representatives as violations of Article 17 of the
Convention were already examined in relation to the right to personal integrity of Mr.
Alfredo López Álvarez and his next of kin (supra paras. 113 through 120), reason for
which the Court will not issue a ruling regarding the alleged violation to this precept.
X
VIOLATION OF ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION
IN RELATION WITH ARTICLE 1(1) OF THE SAME
(Right to a Fair Trial, Right to Judicial Protection, and Obligation to Respect Rights)
123.
Arguments of the Commission:
a)
regarding the reasonable time, the States must pay special attention
when dealing with trials where there are people subject to preventive detention.
The criminal procedure followed against Mr. Alfredo López Álvarez lasted more
than seventy months, reason for which the State has violated in detriment of
the alleged victim the right to a reasonable time for the judgment;
b)
the factual and judicial simplicity of the charges presented against the
accused, and his procedural behavior of constantly pushing the procedure
forward through recourses, including the habeas corpus, so that the domestic
court would issue a ruling regarding the rights argued and would grant him his
freedom, contrasts the behavior of the judicial authorities, which during the six
years of process did not prove the effective participation of the alleged victim in
the crime he was charged with, nor the existence of the body of the crime;
c)
the prolonged preventive detention to which Mr. López Álvarez has been
subject, implies that the State has presumed his guilt and has treated him as
guilty of a crime, in violation of the principle of presumption of innocence
enshrined in the Convention, that is also stipulated in Article 6 of the Code of
Criminal Procedures;
d)
the Honduran courts acquitted the defendant, after six years of trial and
imprisonment. During this entire period of time they did not attend to the
arguments presented by the defense counsel of the alleged victim. The
remedies presented by him were unsuccessful, thus existing a violation to the
right to a fair trial, and
e)
the alleged victim was not assisted by an attorney during his statement
before the Tribunal.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos