Title II: On fundamental rights, guarantees and duties
Chapter II: On the Guarantees to Fundamental Rights
Article 69: Effective judicial guardianship and due process
All persons, in the exercise of their rights and legitimate interests, have the right to obtain effective judicial guardianship, with respect to the due process that shall be formed by the minimum guarantees that are established in the following:
8. Proof that is obtained through violation of the law is null.
Article 69: Effective judicial guardianship and due process
All persons, in the exercise of their rights and legitimate interests, have the right to obtain effective judicial guardianship, with respect to the due process that shall be formed by the minimum guarantees that are established in the following:
• Right to speedy trial 1. The right to accessible, timely, and free justice.
• Judicial independence
• Right to speedy trial 2. The right to be heard, within a reasonable period and by a competent, independent, and impartial jurisdiction, established previously by law.
• Presumption of innocence in trials 3. The right to be presumed innocent and treated accordingly, while not having been declared guilt by an irrevocable sentence.
• Right to counsel
• Right to public trial 4. The right to a public, oral, and adversarial trial, in all equality and with respect to the right of defense.
• Prohibition of double jeopardy 5. No person may be judged twice for the same charge.
• Protection from self-incrimination 6. No one may be obligated to self-incriminate.
• Protection from ex post facto laws
• Principle of no punishment without law 7. No one may be judged in any way but in accordance to the laws that preexisted the act for which they are charged, before a judge or competent tribunal, and with observance of the full scope of the customs that pertain to each case.
• Regulation of evidence collection 8. Proof that is obtained through violation of the law is null.
• Right to appeal judicial decisions
9. All sentences may be appealed in accordance with the law. The superior court may not increase the sanction imposed when the only person to make an appeal is the convicted person.
10. The norms of due process shall be applied to all kinds of judicial and administrative conduct.
1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the reliability of the evidence; or
(b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.
8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.