VIII-2 RIGHT TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION IN RELATION TO THE OBLIGATIONS TO RESPECT AND TO ENSURE THE RIGHTS (ARTICLES 8,195 25196 AND 1(1)197 OF THE AMERICAN CONVENTION) A. Arguments of the Commission and the parties 165. The Commission asserted that the result of the application for amparo filed before the Constitutional Court affected not only the 13 victims who signed it, but also all the victims in this case. In addition, it indicated that the Guatemalan State had not explained the six-month delay in deciding a remedy that, owing to its nature, should be expeditious; moreover, in its decision, the Constitutional Court failed to rule on the merits of the matter. The Commission also considered that the substantive content of the Constitutional Court’s decision was inconsistent with standards for the right to judicial protection, because that court failed to rule on the merits of the matter and justified the declaration of inadmissibility of the application for amparo based on a special temporary measure adopted by the Government, which was unrelated to the general situation in question. On this basis, the Commission concluded that the State had violated the right to judicial protection recognized in Article 25(1) of the American Convention, in relation to Article 1(1) of this instrument to the detriment of all the victims, with the exception of Alberto Quiché Cuxeva, who had died before the application for amparo was filed. 166. The representatives indicated that the decision of the Constitutional Court resulted in two different violations of the victims’ rights: first, it violated their right to obtain a decision by a competent court on their rights, within a reasonable time, and with exceptional diligence, because that court took six months to adopt a decision, without the State having justified this delay to date. Second, they argued that this decision resulted in Article 8 of the Convention establishes: “1. 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. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: (a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; (b) prior notification in detail to the accused of the charges against him; (c) adequate time and means for the preparation of his defense; (d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; (e) the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; (f) the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; (g) the right not to be compelled to be a witness against himself or to plead guilty; and (h) the right to appeal the judgment to a higher court. 3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind. 4. An accused person acquitted by a non-appealable judgment shall not be subjected to a new trial for the same cause. 5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice.” 195 Article 25 of the Convention stipulates: “1. 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. 2. The States Parties undertake: (a) to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; (b) to develop the possibilities of judicial remedy, and (c) to ensure that the competent authorities shall enforce such remedies when granted.” 196 Article 1(1) of the Convention establishes: 1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 197 58