38
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.
67.
As has been established in this case, the dismissal of the three alleged
victims was the result of the application of a sanction by the Legislature, in the
context of an impeachment proceeding (supra 56(25)).
68.
Respect for human rights constitutes a limit to a State’s activity, and this is
true for any organ or official in a situation of power, due to its official nature, with
regard to other persons. Consequently, any form of exercising public power that
violates the rights recognized in the Convention is unlawful. This is even more
important when the State exercises its power to sanction, because this not only
presumes that the authorities act with total respect for the legal system, but it also
involves granting the minimum guarantees of due process to all persons who are
subject to its jurisdiction, as established in the Convention.
69.
Although Article 8 of the American Convention is entitled “Judicial
Guarantees” [in the Spanish version - “Right to a Fair Trial” in the English version],
its application is not strictly limited to judicial remedies, “but rather the procedural
requirements that should be observed in order to be able to speak of effective and
appropriate judicial guarantees45” so that a person may defend himself adequately in
the face of any kind of act of the State that affects his rights.
70.
The Court has already established that, although this article does not
establish minimum guarantees in matters relating to the determination of rights and
obligations of a civil, labor, fiscal or any other nature, the full range of minimum
guarantees stipulated in the second paragraph of this article are also applicable in
45
Cf. Judicial Guarantees in States of Emergency (Articles 27(2), 25 and 8 American Convention on
Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 27.