41
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
108.
Article 25 of the American Convention stipulates 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.
2.
109.
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
Article 8 of the Inter-American Convention against Torture establishes:
The States Parties shall guarantee that any person making an accusation of having been
subjected to torture within their jurisdiction shall have the right to an impartial
examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an act of
torture has been committed within their jurisdiction, the States Parties shall guarantee
that their respective authorities will proceed properly and immediately to conduct an
investigation into the case and to initiate, whenever appropriate, the corresponding
criminal process.
After all the domestic legal procedures of the respective State and the corresponding
appeals have been exhausted, the case may be submitted to the international fora
whose competence has been recognized by the State.
110. In this chapter, the Court will examine first the effectiveness of the habeas
corpus recourses that were filed in favor of the victim while she was arbitrarily and
unlawfully deprived of her freedom. Then it will examine the circumstances of the
judicial investigation that was initiated in order to clarify the facts related to the
detention and torture of Maritza Urrutia, and to identify and punish those responsible
for these facts.