44 individuals who were identified in the application brief of the Commission. In the present case, in regards to Mrs. Rosendo Cantu’s next of kin, the Commission identified only Yenys Bernardino Rosendo as an alleged victim.150 As such, the Court will not refer to the alleged violations of the parents and siblings of Mrs. Rosendo Cantú. IX ARTICLES 8 (JUDICIAL GUARANTEES)151 AND 25 (JUDICIAL PROTECTION),152 IN RELATION TO ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS) AND 2 (DOMESTIC LEGAL EFFECTS)153 OF THE AMERICAN CONVENTION, ARTICLE 7 OF THE CONVENTION OF BELÉM DO PARÁ AND ARTICLES 1, 6, AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 141. In order to examine the alleged violations of Articles 8 and 25 of the American Convention and the alleged non-compliance of obligations enshrined in other related Inter-American treaties, the Court: will establish a) the facts of this case in relation to the preliminary inquiries; it will then set out the arguments of the parties and the findings of the Court in relation to: b) the intervention of the military jurisdiction; c) the alleged lack of due diligence in the processing of the complaint and the investigation of the rape; d) the State’s request concerning specific aspects of the investigations, and e) the alleged threats and harassment of people involved in the case. A. Facts relating to the criminal investigation Preliminary Investigation ALLE/SC/02/62/2002 and MOR/AEDS/025/2002: Civil Public Prosecutor’s Office 142. On March 8, 2002, as a result of the complaint filed by Mrs. Rosendo Cantu, the Common Public Prosecutor of Allende opened the Preliminary Investigation ALLE/SC/02/62/2002 for the crime of rape, and the crimes of consequence thereof (supra para. 78).154 On March 18, 2002, the Common Public Prosecutor of Allende attempted to decline its jurisdiction in favor of the Common Public Prosecutor of Morelos.155 On March 28, 2002, the preliminary investigation was returned by the Office 150 Also in the Merits Report No. 36/09, the Commission established the responsibility of the State for the violation of Article 5(1) to the detriment of Yenys Bernardino Rosendo, supra note 3, folio 404. 151 Article 8(1) of the American Convention establishes that: 1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent iindependent, 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. 152 Article 25 of the American Convention establishes 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. 153 Article 2 of the American Convention establishes that: 1. Where 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. 154 Cf. Complaint filed by Mrs. Rosendo Cantú before the Public Prosecutor of the Common Jurisdiction of the Judicial District of Allende, supra note 65, folios 9268 to 9270. 155 Cf. Order No. 279 of the Public Prosecutor of the Common Jurisdiction of the Judicial District of Allende of March 18, 2002 (case file of annexes to the answer to the application, tome V, folio 9261).