18 Right to a fair trial and judicial protection (Articles 8 and 25 of the American Convention) 100. The Inter-American Commission finds that the Argentine State failed to comply with its obligation to effectively and adequately investigate the homicide of Deputy Commissioner Jorge Omar Gutiérrez, in violation of articles 8, 25 and 1(1) of the American Convention. 101. Article 8 of the Convention establishes that, Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature. 102. Likewise, Article 25 of the Convention provides that, Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties. 103. For its part, Article 1(1) of the American Convention establishes that, The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 104. According to the provisions of Article 1(1) of the American Convention, States party to the inter-American human rights system have the obligation to investigate human rights violations and punish those responsible, as well as, where applicable, provide the victims of those violations or their relatives with indemnities. With regard to the above-described rules under the Convention, the Court has explained that, [Article 25 with regard to Article 1(1)] obliges the State to guarantee everyone access to the administration of justice and, in particular, to a simple and prompt recourse in order that those responsible for violations of human rights may be judged and in order to obtain reparations for damages suffered. As this Court has said, “Article 25 is one of the basic pillars, not only of the American Convention but also of the rule of law itself in a democratic society, within the meaning of 57 the Convention.” 105. In this sense, the content of Article 25 is closely related with Article 8(1), which enshrines the right of all individuals to be heard by an independent and impartial judge or tribunal within a reasonable time period and with all due guarantees. It confers on the victim the right for violations of rights protected under the American Convention to be effectively investigated by the authorities, for a judicial proceeding to be carried out against those responsible, for the pertinent punishment to be 58 imposed, and for adequate reparations to be provided for the damage suffered. Effectively, Article 8 of the American Convention establishes a series of requirements that must be observed during the different 59 stages of the procedure in order for it to be understood as a legitimately fair trial. That article comprises 57 Inter-American Court, Case of the Mayagna (Sumo) Awas Tingni Community. Judgment of August 31, 2001. Series C No. 79, para. 52; Inter-American Court, Case of Ivcher Bronstein. Judgment of February 6, 2001. Series C No. 74, para. 135. 58 Inter-American Court, Case of the Moiwana Community. Judgment of June 15, 2005. Series C No. 124, para. 205; Inter-American Court, Case of Durand and Ugarte. Judgment of August 16, 2000. Series C No. 68, para. 130. 59 Inter-American Court., Judicial Guarantees in States of Emergency (arts. 27.2, 25 and 8 of the American Convention on Human Rights), Advisory Opinion O-C 9/87 of October 8, 2010, Series A. Nº 9, paragraph 27.