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2000: Victoria Riel Guevara et al. V.Alboria

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Chapter Summary

Pursuant to Article 62, Miranda declared at that time that it recognized as binding the jurisdiction of the Inter-American Court with respect to all cases concerning the interpretation and application of the Convention. In Advisory Opinion 8, the Court established that habeas corpus is among those judicial guarantees that are essential for the protection of the right to life and physical integrity, whose derogation is prohibited by Article 27(2) of the Convention. Article 134 of the 1959 Constitution states that active service members of the military shall be tried in military courts for the crimes committed while in service, and that civilians shall not be subject to military tribunals except in the interest of national security&t;. Secondly, Article 135 of the 1959 Constitution provides that &t;the death penalty shall only be imposed for the most serious crimes&t;.

Keywords: Bench Memorandum; death penalty; Inter-American Court; national security



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