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.

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