Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.10: Right to Compensation

Abstract

This chapter describes Article 10 of the American Convention on Human Rights (ACHR), which protects the right to “compensation” for persons convicted as a result of a miscarriage of justice. While Article 8 protects the right to a fair trial, the drafters of the Convention have chosen to devote a separate provision to the specific issue of compensation, following the recognition of the principle of criminal legality (Article 9). Although autonomous, the right to compensation for a miscarriage of justice is intimately related to other rights protected by the ACHR, notably Articles 8 and 25 (right to a judge; right to judicial guarantees) and Article 63-1 on reparation for violations of the rights of the ACHR. Article 10 is not included in the list of non-derogable rights under Article 27-2 of the ACHR. This implies that in time of war, public danger, or any other emergency threatening its independence or security, a State Party may take measures derogating from its obligations the provision.