. X has been Mr charged with violation of R.A. 9208 or the Human Trafficking Law. He has been tried and convicted for the said crime in the Regional Trial Court of Calbayog City. Mr. X, believing that he was unjustly convicted, wanted to appeal the decision to the appellate court. The right to appeal is guaranteed under the law. However, 13 days later his lawyer withdrew from the case. Failing to secure the help of another counsel, the decision became final. Under the law, a decision becomes final after 15 days without filing an appeal. Mr. X still wanted to appeal the decision on the ground that his human right has been violated when his right to appeal is denied and that the right to appeal is imprescriptible.
Do you agree with Mr. X’s contention (that the denial of his appeal constitutes human rights violation)?
Answers
Answer:
sorry I cannot give answer
Denial of one's appeal is a violation of Human Rights
What does the law say ?
Any person who is a citizen of the country cannot be denied his basic rights. Right to appeal is a basic human rights. Even the constitution has nowhere said that the right to appeal is unlawful and non justiciable. Every person in this world has some basic rights to ensure his/her safe and secure life. This is guaranteed by the Universal Declaration of Human Rights by the UN General assembly.
Here in the case of Mr. X, though he might have committed a mistake but he should be given a chance to submit his confession. It is mandatory to get the opinion of the offender. Since, his lawyer withdrew from the case doesn't mean that the crime is proven.
Hence it is necessary to ensure equal and fair justice. The person who delayed justice is the one who denied justice.