Right to appeal the first judgement of conviction

Robinson Rodríguez Oviedo & another v. Supreme Court of Justice - Criminal Appellate Chamber & another

Date:  05/21/2019

Judge-Rapporteur:  Antonio José Lizarazo Ocampo

Concurrence:  Luis Guillermo Guerrero Pérez.  Alejandro Linares Cantillo.  Gloria Stella Ortiz Delgado.  José Fernando Reyes Cuartas. Alberto Rojas Ríos

Dissent:  Carlos Libardo Bernal Pulido (partial)

Facts.  In two joined legal actions, two separate claimants adduced the violation of their fundamental right to due process in trial.  They said that were denied the right to appeal the ruling that convicted them for the first time, under the alleged lack of a procedural regulation stating this possibility.

Issue: Does a person have the right to appeal the first judgement of conviction even without express regulation giving him/her such right?

Ruling and reasoning.  Yes.  The Court, after analyzing the judicial precedents on the subject, emphasized the existence of this right in the Constitution, because of its nature of guaranteeing a due process in trial to the convicted in the first decision by the lower courts.  The Chamber also elaborated on the scope of the right to appeal reiterated in international human rights treaties, and the actuality of this right against decisions of the Criminal Room of the Supreme Court.

In accordance, the Court GRANTED the protection in the first case.  As to the second one, the Forum decided to DENY the motion, because the plaintiff was inadequately represented in trial.

The Forum also decided to insist on the request previously conveyed to the Congress of the Republic to regulate by law the procedure for exercising this right.  It also exhorted the Superior Judiciary Council and the National Government so that, with the participation of the Supreme Court of Justice and within the framework of the principle of harmonious cooperation among governmental institutions, they undertake the analysis of what the necessary measures and resources are needed to implement the right to appeal the first judgement of conviction.