138. The petitioners alleged that Mr. Poblete Vilches was mistreated and tortured at the Hospital Sótero del Río. In addition, they argued that the family members were also accorded treatment at odds with their dignity. 139. In this regard, Ms. Cesia Leyla Poblete Tapia stated that: From outside we would hear when my father would shot and ask for us to take him away from that place, the few times we were able to see my father they had him tied down by the feet and hands and he asked us to take him away from that place.127 140. For his part, Mr. Vinicio Poblete Tapia testified: On January 23 … a nightmare began for my father because … they began to tie my father down by the feet and hands with thick cables, it was a kind of torture that my father received, he was drugged, unconscious.128 141. A grandson of Mr. Vinicio Antonio Poblete Vilches testified: I went to see my grandfather, it struck me that they had tied him by the feet and hands to the bars of the bed with catheters; in addition he was sedated…. On one of these visits my grandfather reacted, and he told me, “Jorgito get me out of here because they want to kill me.” 129 142. Despite these statements, the Commission does not have additional elements that allow it to establish as proven, and, therefore, to effectuate a legal analysis of the alleged mistreatment suffered by Mr. Poblete Vilches and his family. Nonetheless, the Commission takes note that since the complaint was filed on November 12, 2001, the State knew that purportedly, during Mr. Poblete Vilches’s stay at the Hospital Sótero del Río, both he and his family members were subjected to acts incompatible with their integrity. In that regard, the Commission will analyze whether the State of Chile fulfilled the duty to investigate those allegations in the section on the rights to judicial guarantees and judicial protection. 4. The rights to judicial guarantees and judicial protection (Articles 8(1) and 25(1) of the American Convention) 143. Article 8 (1) of the American Convention provides: 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. … 144. Article 25 of the American Convention indicates, at the relevant part: 127 Annex 3. Statement by Cesia Leyla Siria Poblete Tapia of September 14, 2006 before the First Civil Court (attachment to the communication from the State of September 23, 2008). 128 Annex 4. Statement by Vinicio Marco Antonio Poblete Tapia of April 6, 2006 before the First Criminal Court (attachment to the communication from the State of September 23, 2008). 129 Annex 5. Statement by Jorge Alejandro Fuentes Poblete of June 12, 2007, before the First Civil Court (attachment to the communication from the State of September 23, 2008). 28