50
even though such violation may have been committed by persons acting in the course of
their official duties.
128. The right to access justice implies that the solution of the controversy be
reached in a reasonable time98; a prolonged delay may constitute, in itself, a violation
to the right to a fair trial.99
129. The reasonability of the time period referred to in Article 8(1) of the Convention
must be analyzed with regard to the total duration of the criminal process developed
against a certain accused party, up to the issuing of a definitive judgment.100 In
criminal matters this period of time starts when the first procedural act against a
specific person as the probable responsible of a certain crime is presented.
130. In the present case, the first procedural act was the apprehension of Mr. Alfredo
López Álvarez on April 27, 1997, date as of which the time period must be analyzed,
even when we are here dealing with the time period for the realization of the process,
not the duration of the detention, since that was the first proceeding of which there is
news within the totality of the acts of the criminal procedure corresponding to Mr.
López Álvarez. In order to determine if the term was reasonable it is precise to take
into account that the process concludes with the issuing of the definitive judgment;
when the exercise of the jurisdiction of acquaintance with the case concludes.101 In
criminal matters the term must include the entire procedure, including all the
recourses of review that may be presented.
131. On January 13, 2003 the Sectional Court of First Instance of Tela issued an
acquittal in favor of Mr. Alfredo López Álvarez, judgment that was confirmed on May
29, 2003 by the Appellate Court of la Ceiba. In June 2003, the Office of the Public
Prosecutor announced an appeal of annulment against the judgment of the Appellate
Court of la Ceiba, but it abandoned it on July 31, 2003. On August 14, 2003 the
Criminal Chamber of the Supreme Court of Justice considered “the appeal of
annulment dismissed due to violation of the law announced” before the mentioned
Appellate Court, and confirmed the judgment issued on May 29, 2003. Mr. López
Álvarez was released on August 26, 2003 (supra paras. 54(40), 54(41), 54(42), and
54(45)).
132. To examine the reasonability of the time period in this process pursuant to the
terms of Article 8(1) of the Convention, the Court takes into account three elements:
a) the complexity of the matter, b) the procedural activity of the interested party, and
c) the behavior of the judicial authorities.102
98
Cf. Case of Myrna Mack-Chang. Judgment of September 25, 2003. Series C No. 101, para. 209;
Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 114; and Case of Hilaire,
Constantine, and Benjamin et al. Judgment of June 21, 2002. Series C No. 94, paras. 142 through 145.
99
Cf. Case of García-Asto and Ramírez-Rojas, supra note 7, para. 166; Case of Gómez-Palomino,
supra note 7, para. 85; Case of the Moiwana Community. Judgment of June 15, 2005. Series C No. 124,
para. 160.
100
Cf. Case of Acosta-Calderón, supra note 18, para. 104; Case of Tibi, supra note 80, para. 168, and
Case of Suárez Rosero, supra note 87, para. 70.
101
Cf. Case of Tibi, supra note 80, para. 168, and Case of Suárez Rosero, supra note 87, para. 71.
102
Cf. Case of García-Asto and Ramírez-Rojas, supra note 7, para. 166; Case of Acosta-Calderón,
supra note 18, para. 105, and Case of the Serrano-Cruz Sisters, supra note 97, para. 67.
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