Ratio Juris (Jan 2016)
LA DOBLE CONFORME COMO GARANTÍA MÍNIMA DEL DEBIDO PROCESO EN MATERIA PENAL
Abstract
This paper is a result of the research project “Systematic compared accusatory in South America.” It is methodologically based on do- cuments and fieldwork, interviews and visits to each of the countries of southern Africa. It was found that the criminal proceedings in the region, were an instrument to ensure access to justice for the state by the prosecuting body is this office or prosecutors, and victims, defen- dants and third parties affected the possible commission of a crime. All countries incorporate in their domestic law to the American Con- vention on Human Rights, agreeing to meet a set of minimum stan- dards of criminal justice, including the right of the accused to appeal his conviction to a higher court established in the literal Article 8.2 h) of the Convention. But in South America, except Argentina, there is a large gap for this minimum guarantee in criminal proceedings, and structuring of resources not see the rights of the accused, so that the settled state failure to protect and effectiveness of Human Rights. Precisely Colombia is a country where even legislatively unsuitable legislation give full effect to the right to appeal his conviction are provided, which poses a possible international responsibility of the State for violation of the rights recognized in the Convention and the omission of adopt legislative measures to ensure their safety and effectiveness.
