described in this report, as a mechanism to ensure the substantive rights to life, humane treatment, and personal liberty and to ensure Access to an effective judicial remedy against violations of the human rights recounted so far. To do so, it is necessary to assess the domestic procedures that had taken place. 200. The Commission will take into account the United Nations Manual on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions, governing this type of investigations. The Manual establishes that the inquiry shall at minimum seek: to identify the victim; to recover and preserve evidentiary material related to the death to aid in any potential prosecution of those responsible; to identify possible witnesses and obtain statements from them concerning the death; to determine the cause, manner, location and time of death, as well as any pattern or practice that may have brought about the death; to distinguish between natural death, accidental death, suicide and homicide; to identify and apprehend the person(s) involved in the death; and to bring the suspected perpetrator(s) before a competent court established by law.292 201. On the other hand, the Commission recalls that in connection with violations to the right to humane treatment due to torture, the duty to investigate is reinforced by the provisions of Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, which established that the States undertake to “take effective measures to prevent and punish torture within their jurisdiction”, and to “take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction.” Article 8 of this Convention establishes: 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. 202. The Commission considers that although this Convention came into force for Colombia on January 19, 1999, which is subsequent to the facts regarding the claim, it corresponds to apply Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture in what concerns the obligation to investigate and punish alleged acts of torture subsequent to ratification.293 5. The rights to a fair trial and judicial protection of the next of kin of Mr. Gustavo Giraldo Villamizar Durán a. Facts about the process The investigation and process in the military criminal jurisdiction 203. On August 11, 1996 at 13:45 o'clock the corpse was collected by the investigative unit of the Saravena Judicial Police. 294 The photographs taken signal that “a cartridge casing was found by the body of the deceased", who was carrying a bag with: two fragmentation grenades; fifteen cartridges of 9 mm caliber in their respective plastic cases, two pamphlets alluding to the subversive group FARC-EP".295 It was noted that a wallet with two driver's licenses for motorcycles from Saravena with different numbers but same name 292 See. U.N. Doc E/ST/CSDHA/.12 (1991). In previous cases the Commission has referred to United Nations guidelines to analyze the compliance with minimum actions to be taken in these cases. IACHR, Report 10/95. Case No. 10.580. Ecuador. September 12, 1995, para. 53. 293 IACHR, Report No. 137/11, Case 10. 738, Admissibility and Merits, Carlos Augusto Rodríguez Vera et.al. (Palacio de Justicia), Colombia, October 31, 2011, para. 112. 294 Annex. 93. Institute of Legal Medicine, Ministry of Justice, Investigative Unit of the Saravena Judicial Police, National Format Report of Corpse Collection. August 11, 1996. Annex to the State’s brief received on August 26, 2010. 295Annex. 30. Investigative Unit of the Saravena, Arauca, Photographs, October 28, 1996. Annex to the State’s brief received on August 26, 2010.