- 94 - Georgina Edith Rosales Gutiérrez, Ana María Velasco Rodríguez, Suhelen Gabriela Cuevas Jaramillo, Bárbara Italia Méndez Moreno, María Cristina Sánchez Hernández, Angélica Patricia Torres Linares and Claudia Hernández Martínez. 262. Lastly, this Court finds that the length of the preventive detention of Claudia Hernández Martínez, Norma Aidé Jiménez Osorio, Mariana Selvas Gómez, Suhelen Gabriela Cuevas Jaramillo, Georgina Edith Rosales Gutiérrez and María Patricia Romero Hernández was disproportionate and, therefore, violated Article 7(1) and (3) of the Convention, in relation to Article 1(1) of this instrument. IX-3 RIGHTS TO JUDICIAL GUARANTEES358 AND JUDICIAL PROTECTION,359 IN RELATION TO THE OBLIGATION TO RESPECT AND TO ENSURE THESE RIGHTS A. Arguments of the parties and of the Commission 263. The Commission indicated that no one has been punished for the torture suffered by the eleven women because: (i) the investigations were officially opened days after the acts of torture and sexual violence had been reported; (ii) during weeks, and in some cases months, the victims were not give a complete medical examination, which meant that the medical certificates did not constitute adequate means of establishing possible acts of violence and rape; (iii) criminal proceedings were held that obstructed clarification of the facts and the individualization of those responsible; (iv) the cases against the forensic physicians were opened several years after the State became aware of the serious omissions and the types of re-victimization they had committed; (v) the State failed to conduct a diligent investigation into the direct authors of the physical, psychological and sexual torture inflicted on the eleven victims; (vi) to date, no progress has been made in the investigation into the responsibilities of federal law enforcement agents even though their participation in the events has been verified by the SCJN, and (vii) the State has still not investigated responsibilities arising from the chain of command. 264. The representatives alleged the following violations of the victims’ rights to judicial guarantees and to judicial protection, which have meant that, to date, the facts remain unpunished: (i) failure to comply with the obligation to investigate ex officio and immediately; (ii) lack of due diligence in the gathering of evidence in light of the standards applicable in cases of torture and sexual violence; (iii) various forms of obstruction and delay in the investigations at both state and federal level, as well as in access to the case file; (iv) failure to investigate all those responsible, especially the failure to clarify the responsibilities derived from the chain of command; (v) violation of the right of access to justice and equal protection of the law, owing to the use of stereotypes and the lack of a gender-based perspective in the investigation, and (vi) failure to investigate within a reasonable time because, to date, no one has been convicted. They also indicated that, despite the investigations conducted in recent years, the obligation to investigate and to clarify the violations that were committed remains pending. In addition, they Article 8(1) of the Convention establishes that: “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.” 358 Article 25(1) of the Convention establishes that: “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.” 359