El debido proceso y las garantías de la persona imputada, conforme a la jurisprudencia de la Corte Interamericana de Derechos Humanos (CIDH)

Abstract

The construction of a true democratic state of law is undoubtedly one of the greatest challenges that states have, this implies absolute respect for the dignity of every person, with which they have the obligation to prevent, investigate, prosecute, and repair any violation of human rights. Due process is a fundamental right, its scope of application must not only be respected in criminal trials, but also in any process where it is under discussion or there is a dispute over the rights or interests of any person. Due process, which is constituted by a series of minimum guarantees, where the states are subordinated to the respect of the provisions of the different universal and regional instruments for the protection of human rights, political constitutions, and laws. Any violation committed by any public authority, be it administrative, legislative, or judicial, that affects or causes harm to people, will make the state responsible for the violation. At the regional level of the human rights protection system in the Americas, the judgments of the Inter-American Court of Human Rights (CIDH) pass into the authority of formal and material res judicata and have an immediate effect between the parties and an indirect effect for all states that are part of the system for the protection of human rights, for having ratified the American Convention on Human Rights (CIDH) or Pact of San José, having erga omnes effects, that is, they oblige not only the states parties to the process subject to the decision, but also to those who didn´t participate in the trial as a part