Chapter4 Access to Justice | 73 ACCESS TO JUSTICE 153. The inter-American human rights system is based on the premise that de jure and de facto access to adequate and effective judicial remedies is the first line of defense in protecting basic rights. Access to justice is, therefore, not only a fundamental human right but also an essential pre-requisite for the protection and promotion of all other rights. The obligation to provide judicial remedies is not fulfilled simply by the existence of formal procedures. States must take affirmative steps to ensure that courts are truly effective in establishing whether there has been a violation of human rights and in providing redress. According to inter-American human rights standards, persons deprived of liberty should be provided access to a rapid and effective judicial remedy to secure protection of their rights. Further, the writ of habeas corpus has to remain in effect even during states of emergency. 154. This chapter will begin by assessing some of the challenges brought by Guantanamo detainees before federal courts regarding issues left unresolved in Boumediene, such as the legality of detention and evidentiary issues. It will next look at the evolution of the proceedings before military commissions at Guantanamo and, in particular, at the reform introduced by the Military Commissions Act (MCA) of 2009. Special attention will be given to significant improvements included in the 2009 MCA, as well as to several structural defects and practical limitations in the implementation of the military commissions. 155. The IACHR will then focus on the right to legal representation and the important challenges that Guantanamo detainees still face when trying to exercise their right to defense, in particular with regard to the attorney-client privilege. Further, in assessing the right to periodic review of detention, the IACHR will turn to the Periodic Review Board process established in 2011 and analyze whether it meets international human rights and humanitarian law standards. Finally, the IACHR will explain its concerns regarding the lack of judicial review of claims relating to conditions of confinement at Guantanamo. 156. Each of the key elements of the right to access to justice will be assessed in light of the international standards developed by the inter-American human rights system and, where applicable, the lex specialis of international humanitarian law. Inter-American Commission on Human Rights | IACHR