36 limitations cannot be excluded as the requirements therefor set in international instruments are not met. 112. On the other hand, the accused is not responsible neither of the celerity of the action of the judicial authorities in its development, nor for the lack of due diligence of the state authorities. The burden of the delay on the administration of justice cannot be imposed over the accused in a criminal procedure, which would inevitably represent a breach of the rights of the accused in the terms of the applicable law. VIII ARTICLE 2 (DOMESTIC LEGAL EFFECTS)107 OF THE AMERICAN CONVENTION 113. Regarding the alleged failure to comply with the provisions of Article 2 of the Convention, the Commission pointed out that the State has not adopted appropriate domestic measures in order to give effect to the rights enshrined in the Convention. It argued that the Ecuadorian domestic legislation reveals shortcomings which hinder the enforceability of justice in cases of medical malpractice. It also added that the rights of the victims have been violated due to the lack of legislation on medical malpractice, together with the existence of serious obstacles to conduct a real and effective investigation. 114. The representatives pointed out that the State is responsible for not protecting the right to life of its citizens, as a result of its failure to adopt legislation which specifically and effectively regulates medical malpractice. In order to effectively protect the patients and their human rights, it is essential that the State adopt general treatment and care measures in all health centers. 115. The State pointed out that the instant case is a “useful case for reference so that in the future no acts of medical negligence go unpunished as a result of legal shortcomings in the rules related to criminal definition or as a result of a restrictive interpretation by the judges. To accomplish the foregoing, the State will amend criminal definitions and enact others, and will also train judges so that they may apply Criminal Law.” In its written closing arguments, it pointed out that it “acknowledges the non-compliance with its duty to adopt domestic legal provisions […] as a result of its failure to enact a more appropriate criminal definition to punish the doctors responsible for medical malpractice.” Finally, it expressed its interest in preparing the enactment of a bill on medical malpractice and of other bills to amend legal provisions on this matter. 116. The Court will now analyze some aspects regarding health services assistance and the regulation of medical malpractice. 1) Health services assistance and the State’s international responsibility 107 Article 2 of the Convention provides as follows: [w]here the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.