50 VIII.3 RIGHTS TO A FAIR TRIAL AND JUDICIAL PROTECTION (Articles 8(1)194 and 25(1)195 of the American Convention on Human Rights, regarding Article 1(1) of the Convention and Articles 1196, 6197 and 8198 of the Inter-American Convention to Prevent and Punish Torture and Article I(b)199 of the Inter-American Convention on Forced Disappearance of Persons) 203. Pursuant to the American Convention, the States Parties are obliged to provide effective judicial remedies to the victims of human rights violations (Article 25), which must be substantiated in accordance with the rules of due process of law (Article 8(1)); all within the general obligation, responsibility of the States themselves, to guarantee the free and full exercise of the rights recognized by the Convention to every person within their jurisdiction (Article 1(1))200. The right of access to justice must ensure, in a reasonable time, the right of the presumed victims or their next of kin to have everything necessary done to find out the truth of what happened and to investigate, prosecute and, where appropriate, punish the possible perpetrators.201 The obligation to investigate is one of means and not of result and must be taken on by the State as its own legal duty.202 The investigation must be serious, impartial and effective, and be aimed at determining the truth and the pursuit, capture, trial and eventual punishment of the perpetrators of the acts.203 204. In this case, internal proceedings were carried out to investigate the facts of the case. Accordingly, the Commission observed that “[23] years after the events occurred […] they Article 8 of the American Convention says, as relevant, “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.” 195 Article 25 of the Convention, where relevant, expresses “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.” 196 Article 1 of the IACPPT states: “The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.” 197 The text of article 6 of the ICPPT reads: “In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction. 198 Article 8 of the ICPPT, states: “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.” 199 Article I(b) of the CIDFP states: “The States Parties to this Convention undertake: […] (b) To punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories;”. 200 Cf. Case of Velásquez Rodríguez v. Honduras. Preliminary Exceptions. Judgment of June 26, 1987. Series C No. 1, para. 91, and Case of López Soto et al. v. Venezuela, supra, para. 217. 201 Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003. Series C No. 100, para. 114, and Case of López Soto et al. v. Venezuela, supra, para. 217. 202 Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 177, and Case of Terrones Silva et al. v. Peru, supra, para. 182. 203 Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, para. 127, and Case of Amrhein et al. v. Costa Rica, supra, para. 461. 194