42 a) the family of the alleged victim “has been, over the years, seeking a rigorous and impartial investigation;” b) the State has violated “the right to an effective remedy that protects citizens against human rights violations;” c) to date, no proceeding against the alleged perpetrators has been instituted, no effective investigation has been conducted to inform the victim’s family of the truth behind the events, nor have the alleged perpetrators been indicted and punished; and d) the State has responded by taking measures designed to “hinder the investigation, such as denying access to the information regarding the soldiers that served in the area at the time of the events.” Argument of the State 133. 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 State indicated, inter alia, that: a) since November 2000, “the conditions of institutional autonomy and independence of the Ministerio Público (Office of the Attorney General) and the Judiciary have been met, enabling the judicial authorities to act free of political interference or pressure;” b) at this time, the State makes no statement regarding international liability for the facts alleged by the Commission in the application; and c) the Ministerio Público (Office of the Attorney General) is not precluded by amnesty laws or statutes of limitations from investigating and indicting suspects of human rights violations. Considerations of the Court 134. Article 8(1) of the American Convention sets forth 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. 135. Article 25 of the Convention sets forth that: 1. 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. 2. The State Parties undertake: a. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state;