40 * * * 130. Based on the foregoing, the Court considers that the State violated, to the detriment of Guadalupe Yllaconza, Crispín, Fidela, Roberto, Segundina, Miguelita, Perseveranda, Vicente and Sabina Baldeón-Yllaconza, the right to humane treatment enshrined in Article 5(1) of the American Convention, in relation to Article 1(1) thereof. X ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION (RIGHT TO A FAIR TRIAL AND RIGHT TO JUDICIAL PROTECTION) IN RELATION TO ARTICLE 1(1) THEREOF AND ARTICLES 1, 6, AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE Argument of the Commission 131. With respect to the alleged violation of Articles 8 and 25 of the Convention, to the detriment of Mr. Bernabé Baldeón-García’s next of kin, the Inter-American Commission alleged that: a) in the instant case “the neglect shown by the Peruvian judicial authorities, which contributed to the cover-up of those responsible for the events” has been duly established; b) the obligation to investigate and punish all acts that entail a violation of the rights protected by the Convention requires the punishment of not only the actual perpetrators but also the masterminds of human rights violations; c) the State “failed to adequately investigate the circumstances surrounding the events from the beginning;” d) Mr. Bernabé Baldeón-García’s next of kin “have informed the notitia criminis to different authorities by filing several complaints” since 1990. Such complaints “were never adequately processed;” e) when in July 2000, the victim’s family, “tired of waiting for results, filed a new complaint with the Fiscalía Provincial de Vilcashuamán (Vilcashuamán Province General Attorney’s Office), an investigation was undertaken which […] has not been completed due to lack of collaboration on the part of the State regarding the identity of the soldiers that were part of the troop that committed the [alleged] human rights violations against” Mr. Bernabé Baldeón-García; f) this last investigation proceeding “was suspended on December 26, 2001, when the Fiscalía Provincial de Vilcashuamán (Vilcashuamán Province General Attorney’s Office) issued Resolution No. 030-2001, stating the impossibility to find information on the real name of Lieutenant EP J. Morán […]; and was not reopened when, in 2003, the possible identity of the perpetrators was determined;” g) the preliminary investigations were aimed at establishing whether the victim had any connections with the subversive group operating in the region; h) when the State allows investigations “to be conducted by authorities that are potentially involved, […] independence and impartiality are clearly compromised;”