Gutiérrez Vivanco v. Peru

Comment:

An individual opinion was submitted by Committee member Mr. Ivan Shearer

Substantive issues:

• accused persons / convicted persons
• competent, independent and impartial tribunal
• cruel, inhuman or degrading treatment or punishment
• defence, adequate time and facilities
• fair trial
• fair trial - undue delay
• presumption of innocence

Substantive articles:

• 7
• 14 (1)
• 14 (2)
• 14 (3) (b)
• 14 (3) (c)

Procedural issues:

• exhaustion of domestic remedies

Procedural articles:

• 2
• 5 (2) (b)