33 has obligations with regard to all victims and their relatives, and it is the responsibility of the State to conduct an investigation to locate and identified those persons. 135. Finally, the IACHR notes that in the analysis on the merits, the petitioners submitted a list of injured persons, included among them, were Maudiré Felizor, Noclair Florvilien, Rose Marie PetitHomme-Estilien, Joseph Dol, Sylvie Felizor, as well as five persons “whose names are unknown.” In that regard, the IACHR does not have information in the case file pertaining to those victims or specific incidents or allegations relating to them. Therefore, the Commission cannot analyze their situation in this report. 153 2. Violation of the right to judicial guarantees and to judicial protection (Articles 8 154 25 of the American Convention), in connection to Article 1(1) of the same instrument and 136. In this chapter the Commission will analyze the transferring of the investigation into the events to military jurisdiction, as well as to the lack of judicial guarantees and judicial protection of the relatives of the victims who were killed in extra-legal executions. In that regard, the Commission reiterates that the State, faced with the use of lethal force by agents of the State as in the instant case, should have conducted and independent and impartial investigation and establish whether the use of force met the standards set by the principles of legality, necessity and proportionality. 137. It has been documented that on June 19, 2000, the Office of the Secretary of State of the Armed Forces ordered a Joint Board of General Officers of the Armed Forces to investigate the involvement of members of the military in the incidents. That authority also determined that the alleged perpetrators of the offense of illicit trafficking in persons be brought before ordinary courts of justice. On July 13, 2000, the Judge Prosecutor of the Joint Armed Forces and National Police Court Martial of First Instance forwarded the case files to the judge with jurisdiction over preliminary proceedings to conduct the preliminary investigation and ordered that the members of the military involved in the incidents be held in prison. On July 24, 2000, the judge with jurisdiction over preliminary proceedings of the Joint Armed Forces and National Police Court of First Instance forwarded the case to the Trial Judge of the Joint Armed Forces and National Police Court-Martial of First Instance, and ordered that the military personnel involved in the incidents remain in prison. 153 Article 8. 1. Every person has the right to a hearing with due guarantees and within a reasonable time, by competent, independent and impartial tribunal, previously established by law, in the substantiation of any accusation or a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal or any other nature. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees:: a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or if he does not speak of the tribunal or court; b) prior notification in detail to the accused of the charges against him; c) adequate time and means for the preparation of his defense; d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e) the inalienable right to be assisted by counsel provided by the State, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f) the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; g) the right not to be compelled to be a witness against himself or to plead guilty; and h) the right to appeal the judgment to a higher court. 3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind. 4. An accused person acquitted by a non appealable judgment shall not be subjected to a new trial for the same cause. 5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice. 154 Article 25. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.