-107increased by not knowing the truth about the facts, which has the effect of ensuring
partial impunity.
162. Hence, the Court considers that the immediate next of kin, who are
individualized in this proceeding, must be considered victims of the violation of the
right to humane treatment embodied in Article 5(1) of the Convention, in relation to
Article 1(1) thereof.
*
*
*
163. Regarding the alleged violation of Article 19 of the Convention (supra paras.
98 and 101), the Court finds that this has been considered within the failure to
observe the obligations of prevention, protection and investigation that have been
declared grounds for the violation of Articles 4(1), 5(1), 5(2), 7(1) and 7(2) (supra
paras. 118 and 153).
IX
ARTICLES 8(1) AND 25 OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(RIGHT TO A FAIR TRIAL AND TO JUDICIAL PROTECTION)
164.
Arguments of the Commission
(a) The judicial actions taken by the State to clarify the responsibility of civilians
and members of the military forces in the forced disappearance and
extrajudicial execution of the alleged victims do not satisfy the requirements
established in the American Convention regarding the guarantees of due
process and judicial protection;
(b) Even though, on May 26, 1997, seven years after the facts, 10 individuals
were convicted in first instance, the participation of around 60 persons can be
inferred from the case file. Only three of the 10 persons convicted are
serving their prison sentences; and most of the arrest warrants issued against
those convicted in abstentia have not been executed. The failure to charge
several of the participants in the facts, added to the failure to execute the
capture of most of the persons convicted in abstentia, illustrates the delay in
the administration of justice;
(c) Since the decision of the Tribunal Nacional of December 30, 1997, the
investigation of the co-participants not included in the original indictment
remains open, 14 years after the facts occurred. A criminal investigation
should be carried out promptly, to protect the interests of the alleged victims,
preserve the evidence and even safeguard the rights of all those who, in the
context of the investigation, are considered to be suspects;
(d) The assignment of part of the investigation to the military criminal justice
system violates the rights to judicial protection and the guarantees of due
process. In the instant case, it was confirmed that the military justice system
intervened in the trial of a member of the Army who was allegedly involved in
the facts. The military criminal jurisdiction does not meet the standards of
independence and impartiality required by Article 8(1) of the Convention, as a
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