have the right to their conviction and sentence being reviewed by a higher
tribunal according to law.
--CAT/C/XXIX/Misc.4, para. 6 (2002).
Inter-American System
The right to appeal the judgment, also recognized in the Convention, is not
satisfied merely because there is a higher court than the one that tried and
convicted the accused and to which the latter has or may have recourse. For a
true review of the judgment, in the sense required by the Convention, the higher
court must have the jurisdictional authority to take up the particular case in
question. It is important to underscore the fact that from first to last instance, a
criminal proceeding is a single proceeding in various stages. Therefore, the
concept of a tribunal previously established by law and the principle of due
process apply throughout all those phases and must be observed in all the
various procedural instances. If the court of second instance fails to satisfy the
requirements that a court must meet to be a fair, impartial and independent
tribunal previously established by law, then the phase of the proceedings
conducted by that court cannot be deemed to be either lawful or valid.
--Castillo Petruzzi et al. Case, I/A Court H.R., Judgment of May 30, 1999 (para.
161).
62
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