23 States have the positive obligation to investigation violations of human rights, process those responsible and prevent impunity. The Commission considers that the flawed actions of State authorities have, taken jointly, resulted in a failure to identify and punish those responsible. The relatives of Deputy Commissioner Gutiérrez have therefore not seen their rights protected, and that lack of protection has resulted in a lack of access to truth and justice. 125. The Commission considers that the right to truth arises as a basic and indispensable consequence for all States party to the American Convention, given that a lack of knowledge on facts related to violations of human rights means, in practice, that the system for protection is not capable of guaranteeing the identification and eventual punishment of those responsible. 126. As can be ascertained from the information provided by both the petitioners and the State, almost 17 years have passed since the execution of Deputy Commissioner Jorge Omar Gutiérrez, and as of the date of the preparation of this report, the circumstances of his death are still not known with any certainty, nor has anyone been punished for the facts. According to the standards of the IACHR, this constitutes a situation of impunity. 127. As long as the judicial system remains inactive and acts as an accessory through its failure to carry out an adequate investigation, the facts will remain in impunity. The case law of the interAmerican system has already established that a lack of punishment allows for the repetition of the violations being investigated. The act of bringing those responsible to trial and punishing them has a 83 preventative function that blocks incidents of the same nature from happening again. 128. Based on the foregoing, the Commission concludes that in this case, the competent authorities have not respected the right of the relatives of Jorge Omar Gutiérrez to judicial guarantees, nor has it granted an effective remedy for guaranteeing access to justice, determining the truth of the facts, or for identifying, bringing to trial and, where applicable, punishing those responsible, as well as providing reparations for the consequences of the violations. Therefore, the State is responsible for the violation of the rights to a fair trial and judicial protection enshrined in articles 8(1) and 25(1) of the American Convention, with regard to Article 1(1) of the Convention, to the detriment of the relatives of Jorge Omar Gutiérrez. Right to Humane Treatment (Article 5 of the American Convention) 129. Article 5(1) of the American Convention establishes that “Every person has the right to have his physical, mental, and moral integrity respected.” 130. The Commission highlights that although in the admissibility stage, the possible violation of Article 5 of the American Convention was not explicitly alleged, the facts have been present since the petition was first processed, in particular through the statements of the relatives of Jorge Omar Gutiérrez during the hearings and work meetings carried out before the Commission. In this sense, the State has had opportunity to submit its comments with regard to the facts and challenge them. However, it has not submitted any comments on the merits. 131. The Commission considers that the rights protected by Article 5 of the American Convention were violated with regard to the relatives of victim Deputy Commissioner Jorge Omar Gutiérrez: his widow, Nilda del Valle Maldonado; their three sons Jorge Gabriel, David and Marlin Verónica Gutiérrez; and his brother, Francisco Virgilio Gutiérrez. 83 Inter-American Court, Case of the Ituango Massacres. Judgment of July 1, 2006. Series C No. 148, paragraph 299; Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, paragraph 168; Case of the “Pueblo Bello Massacre.” Judgment of January 31, 2006. Series C No. 140, paragraph 266; Case of the “Mapiripán Massacre.” Judgment of September 15, 2005. Series C No. 134, paragraph 237; Case of Paniagua Morales et al., Judgment of March 8, 1998, paragraph 173.