90
comply with the general duty to adopt domestic measures as set forth in Article 2 of
the Convention.
c)
Judicial guarantees in the military criminal proceedings brought against Mr.
Palamara-Iribarne
162. Article 8 of the Convention provides that:
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:
[…]
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;
[…]
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
[…]
5.
Criminal proceedings shall be public, except insofar as may be
necessary to protect the interests of justice.
163. The Court has argued that the States Parties to the American Convention have
the duty to provide effective judicial remedies to the victims of human rights
violations (Article 25), and that said remedies must be enforced in accordance with
the rules of due process (Article 8(1)), in compliance with the States’ general duty to
ensure to all persons subject to their jurisdiction the free and full exercise of the
rights recognized by the Convention (Article1(1)).198
198
Cf. Case of the “Mapiripán Massacre” supra note 1, para. 195; Case of the Moiwana Community,
supra note 185, para. 142; and Case of the Serrano-Cruz Sisters, supra note 5, para. 76.
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