137.
Therefore, the Court concludes that the State is responsible: a) for the
violation of the right to humane treatment [personal integrity], embodied in
Articles 5(1) and 5(2), in conjunction with Article 1(1) of the American Convention,
for the cruel, inhumane and degrading treatment inflicted on Messrs. Cabrera and
Montiel and b) for non-compliance with Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, regarding the obligation to investigate
the alleged acts of torture to the detriment of Messrs. Cabrera and Montiel.
IX
RIGHT TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION IN
RELATION TO THE OBLIGATION TO RESPECT AND GUARANTEE RIGHTS,
THE DUTY TO ADOPT DOMESTIC LEGAL EFFECTS AND THE OBLIGATIONS
EMBODIED IN THE INTER-AMERICAN CONVENTION TO PREVENT AND
PUNISH TORTURE
138.
Regarding the alleged violation of Articles 8, 209 25 210 and 2 211 of the
American Convention, the Commission and the representatives alleged that in the
been subjected to conditions that make it impossible for him to prove it.” Cf. United Nations, Committee
against Torture, Report on Mexico Produced by the Committee Under Article 20 of the Convention,
para. 39. Moreover, United Nations. Committee on Human Rights. Singarasa v. Sri Lanka, Report of July
21, 2004, para. 7.4.
209
Article 8.1 of the American Convention (Right to a Fair Trial) establishes 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:
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;
kind.
210
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
Article 25.1 of the American Convention (Right to Judicial Protection) establishes that:
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.
211
Article 2 of the American Convention (Domestic Legal Effects) provides that:
[W]here the exercise of any of the rights or freedoms referred to in Article 1 is not already
ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance
54
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