42 vaginal penetration with her assailants’ hands, and was also forced to perform oral sex on one of them. Those acts were committed at a time when the victim was in a situation of absolute defenselessness and under the control of the authorities at facilities of the DIVISE and the DINCOTE, in incommunicado detention, and, later, without being allowed to meet with her family members or with an attorney. The IACHR has also established that Gladys Carol Espinoza was severely beaten by agents of the DINOES during an inspection at Yanamayo Prison on August 5, 1999. As will be described in the following section, neither the acts of sexual violence of April and May 1993 nor the later torture of August 5, 1999, gave rise to a criminal investigation or the punishment of those responsible. 198. In light of all the foregoing, with respect to Gladys Carol Espinoza, the Peruvian State failed to meet the obligations of respecting and ensuring the rights enshrined in Articles 5.1, 5.2, 11.1, and 11.2 of the American Convention, in conjunction with Article 1.1 thereof, and it also violated Articles 1 and 6 of the IACPPT. 3. Right to a fair trial and to judicial protection (Articles 8.1 and 25.1 of the American Convention, in conjunction with Article 1.1) and obligation of preventing and punishing torture (Articles 1, 6, and 8 of the IACPPT) 199. Article 8.1 of the Convention stipulates 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. 200. In turn, Article 25.1 of the American Convention states 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. 201. Article 8 of the Inter-American Convention to Prevent and Punish Torture provides that: The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State. 202. The Inter-American Court has ruled that “as a result of the protection granted by Articles 8 and 25 of the Convention, the States are obliged to provide effective judicial recourses to the victims of 189 human rights violations that must be substantiated according to the rules of due process of law.” In addition, the Court has stated that: 189 I/A Court H. R., Case of Cantoral Huamaní and García Santa Cruz, Preliminary Objection, Merits, Reparations, and Costs, Judgment of July 10, 2007, Series C No. 167, para. 124; Case of the La Rochela Massacre, Judgment of May 11, 2007, Series C. No. 163, para. 145; Case of the Miguel Castro Castro Prison, Judgment of November 25, 2006, Series C No. 160, para. 381; and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.), Judgment of November 24, 2006, Series C No. 158, para. 106.