89.
Danilo Furlan had to cash in the bonds prior to their maturity date in January 2016
because he could not wait 13 more years to repay huge debts to his relatives for expenses
stemming from more than 12 years of treatment and medical, psychiatric and psychological care for
Sebastian.150 The petitioner’s economic situation does not enable him to continue to defray the
expenses relating to the continual treatment for his son Sebastian, in addition to support expenses,
in light of the fact that he is unable to hold a regular job.151 The petitioner redeemed the bonds early
also because he had no money to cover the attorney’s fees and court costs.152
VII.
LEGAL ANALYSIS
1.
Right to a fair trial and judicial protection (Articles 8.1, 25.1 and 1.1 of the
American Convention)
90.
Article 8 of the Convention mentions the judicial guarantees whose compliance is
required in all proceedings for determination of rights and obligations. Accordingly, section 8.1
specifically provides that compliance is mandatory within a reasonable time established in order to
avoid unnecessary delays that may lead to a deprivation or denial of justice.153 Article 8.1 of the
American Convention establishes that:
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.
91.
Moreover, Article 25.1 sets forth the obligation of States to provide to all persons
within their jurisdiction the free and full exercise of the right to an effective judicial remedy against
acts violating their fundamental rights,154 recognized in the Convention, the constitution or the
law.155 Article 25.1 states verbatim that:
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.
92.
The Court and the Commission have consistently stressed the close relationship
between the rights set forth in these articles. The aforementioned right to an effective remedy
150
Argument of the petitioner that is not disputed by the State and there is no compelling evidence in the case file
to suggest otherwise.
151
Argument of the petitioner that is not disputed by the State and there is no compelling evidence in the case file
to suggest otherwise.
152
Argument of the petitioner that is not disputed by the State and there is no compelling evidence in the case file
to suggest otherwise.
153
IACHR, Report No. 100/01, Case 11.381, Milton García Fajardo et al, Nicaragua, October 11, 2001, para. 51.
154
I/A Court H.R., Case of Velásquez Rodríguez v. Honduras. Judgment of July 29, 1988. Series C No. 4, para.
91; I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparation and Costs. Judgment of April 3, 2009 Series
C No. 196, para. 110; I/A Court H.R., Case of Castañeda Gutman v. Mexico Case. Preliminary Objections, Merits, Reparation
and Costs. Judgment of August 6, 2008. Series C No. 184, para. 34; I/A Court H.R., Acevedo Buendía et al (Dismissed and
Retired Employees of the Office of the Comptroller) v. Peru. Preliminary Objection, Merits, Reparation and Costs. Judgment
of July 1, 2009 Series C No. 198, para. 69.
155
I/A Court H.R., Judicial Guarantees in States of Emergency (Articles 27.2, 25 and 8 of the Inter-American
Convention on Human Rights), OC 9/87 of October 6, 1987, Series A No. 9, para. 23.