human rights and the corresponding responsibilities from the competent organs of the State, through the investigation and prosecution….” 338 The Court has established that the right to judicial protection: obliges the State to guarantee to every individual access to the administration of justice and, in particular, to simple and prompt recourse, so that, inter alia, those responsible for human rights violations may be prosecuted and reparations obtained for the damages suffered…. Article 25 ‘is one of the fundamental pillars not only of the American Convention, but of the very rule of law in a democratic society …’” 339 193. It is important to note that the Court has indicated that for the State to carry out what is provided for in Article 25(1) of the Convention it does not suffice for the remedies to exist formally; rather, they must also be effective. 340 This means that one should afford the person the real possibility of pursuing a simple and speedy remedy that makes it possible to attain, in his or her case, the judicial protection required. 341 As regards the right of access to justice, Article 13 of the Convention on the Rights of Persons 194. with Disabilities provides as follows: 1. States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages. 2. In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff. 195. The CRPD Committee, in this regard, has held: “The recognition of the right to legal capacity is essential for access to justice in many respects.” 342 In addition, the Inter-American Court, in the case of Furlan and family v. Argentina, highlighted the importance of access to justice for persons with disabilities on an equal footing with all others. 343 It considered that states should adopt the relevant measures to prioritize attention and the resolution of proceedings related to persons with disabilities so as to ensure their prompt resolution and implementation. 344 196. The IACHR takes note that in the instant case (i) a writ of habeas corpus was filed, along with a complaint with the Judicial Police and a complaint with the Office of the Human Rights Ombudsperson (Defensoría del Pueblo); and (ii) an administrative case file was opened. Taking into account that these proceedings were conducted simultaneously, the Commission will rule on whether they constituted effective mechanisms for establishing the Mr. Guachalá’s whereabouts, as well as for identifying the persons possibly responsible, and imposing the corresponding sanctions. 1. On due diligence I/A Court HR. Case of Barrios Altos v. Peru. Merits. Judgment of March 14, 2001. Series C No. 75, para. 48. I/A Court HR. Case of Loayza Tamayo v. Peru. Reparations and Costs. Judgment of November 27, 1998. Series C No. 42, para. 169 340 I/A Court HR. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, para. 121. 341 I/A Court HR. Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, para. 121. 342 United Nations, Committee on the Rights of Persons with Disabilities, General Comment No. 1. Article 12: Equal recognition before the law, May 19, 2014, para. 38. 343 I/A Court HR. Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, para. 196. 344 I/A Court HR. Case of Furlan and family v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August 31, 2012. Series C No. 246, para. 196. 338 339 36