19 with the result that to this extent the American Declaration is for these States a source of international obligations related to the Charter of the Organization". 67 64. The Commission’s analysis of the State’s obligations will be done chronologically, following the order of the dates on which the various instruments applicable to the present case entered into force for Chile. Chile deposited its instrument of ratification of the American Convention on August 21, 1990. Therefore, the Commission’s analysis of the Chilean State’s obligations in the present case for the facts alleged to have occurred prior to that date is on the basis of that State’s obligations under the American Declaration. Facts that occurred as of and subsequent to August 21, 1990, are analyzed on the basis of the State’s obligations under the American Convention. Chile deposited its instrument of ratification of the Inter-American Convention to Prevent and Punish Torture on September 30, 1988. The same criterion for examining the State’s obligations will be applied in the case of that instrument. B. Right to a fair trial (Article XVIII of the American Declaration); right to a fair trial, to judicial protection and to personal integrity, in conjunction with the obligation to ensure and the duty to adopt domestic legislative measures (Articles 8(1), 25(1), 5(1), 1(1) and 2 of the American Convention), and Article 8 of the Inter-American Convention to Prevent and Punish Torture. 65. Article XVIII of the American Declaration provides that: Every person may resort to the courts to ensure respect for his legal rights. There should likewise be available to him a simple, brief procedure whereby the courts will protect him from acts of authority that, to his prejudice, violate any fundamental constitutional rights. 66. Article 8(1) of the American Convention reads as follows: 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. 67. Article 25(1) of the American 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. 68. In application of the principle iura novit curia, the IACHR considers that the instant case requires an examination of the effect on the right to personal integrity protected under Article 5(1) of the American Convention, because of the duty to ensure the free and full exercise of rights and freedoms, which includes investigation of and reparations for violations of that right. In the final analysis, the present case is centered on the question of whether the State complied with its duty to ensure the right to personal integrity in the case of Mr. García Lucero and his next of kin (and the obligations that follow from that duty). Therefore, the Commission must also analyze that right –in its procedural dimension-. Article 5(1) of the American Convention provides that “[e]very person has the right to have his physical, mental, and moral integrity respected.” 67 I/A Court H.R., Advisory Opinion OC-10/89, Interpretation of the American Declaration of the Rights and Duties of Man within the Framework of Article 64 of the American Convention on Human Rights, July 14, 1989, para. 45.

Select target paragraph3