52 accomplices of the murder of the Gómez Paquiyauri brothers, they were sentenced to prison terms and payment of civil reparations to the next of kin of the alleged victims and the criminal proceeding against the mastermind was postponed; b) regarding to establishing the whereabouts of the mastermind, the State expressed that all means of investigation necessary to locate and capture him were exhausted; however, they have not been successful to date. Given this situation, the State, based on the principle of legality, rejected all forms of impunity; it undertook to reconsider and carry out new methods of investigation, to establish the whereabouts of the mastermind; and it undertook a commitment to try him in accordance with Peruvian law; c) the human rights violations committed by its agents have been duly punished, that is, “all investigations in the case have been exhausted to establish and identify the perpetrators and participants in the crime against the Gómez Paquiyauri brothers;” d) a judicial proceeding was conducted, respecting the principles and guarantees of due process, which led to conviction with a prison term sentence and civil reparations, and the proceeding against the mastermind has been postponed until his whereabouts are established; e) given its authority as ius puniendi in the case, Peru has acted through its investigative and judicial bodies with due diligence and efficacy, to investigate and punish the perpetrators and participants in the crime against the brothers; f) the State has provided effective judicial protection to the next of kin of the alleged victims, as all necessary means have been exhausted to avoid impunity regarding said crime and they have been provided with the real possibility of contributing to an effective investigation and trial of those responsible for said crime; and g) the civil reparation did not actually become effective, but this does not mean that it was for lack of legal instruments that national legislation sets forth to make the rights recognized by court rulings effective. Considerations of the Court 137. Article 8 of the American Convention sets forth that: 1. 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. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: