66 the domestic judicial proceeding and in the steps taken before the Commission and, thereafter, before the Court. Due to the foregoing, she has had to stay away from her family for long periods. 161. The distress suffered by the sister of Mr. Ximenes-Lopes is evident in her statement, given at a public hearing before the Court, wherein she declared that: The day of the burial [of] her brother at the cemetery [she] kneeled down over his coffin and swor[e] that [she] would not res[t] until justice were done in the case [of Damião Ximenes-Lopes], and [she] has [been] claiming for justice for six years […]. 162. Mr. Cosme Ximenes-Lopes, who was also admitted to mental health institutions, also suffered because of Mr. Damião Ximenes-Lopes´death, given their mutual love and the identification they had with each other as they were twins. After he was informed of his brother´s death, he got into a shock; later on, he suffered from depression and quit his job. 163. By virtue of the foregoing, the Court considers that the State is liable for the violation of the right to personal integrity enshrined in Article 5 of the American Convention in relation to Article 1(1) thereof, to the prejudice of Ms. Albertina VianaLopes and Mrs. Irene Ximenes-Lopes-Miranda and Mr. Francisco Leopoldino Lopes and Mr. Cosme Ximenes-Lopes. X VIOLATION OF ARTICLES 8(1) AND 25(1) OF THE AMERICAN CONVENTION IN RELATION WITH ARTICLE 1(1) THEREOF (Right to a Fair Trial, Judicial Protection, and the Obligation to Respect Rights) Arguments of the Commission 164. In relation with the alleged violation of Articles 8(1) and 25(1) of the Convention to the detriment of the relatives of Mr. Damião Ximenes-Lopez, the Inter-American Commission argued, inter alia, that: a) in the instant case, the lack of effectiveness of the domestic process may be proved in two ways: by reason of the failure of the authorities to take steps and undertake essential inquiries to establish the truth, and as a result of flaws and failures in the steps actually taken; (b) the flaws in the investigation show that the State authorities did not seek to discover the truth about the death of the alleged victim through an immediate, serious and thorough investigation; c) police authorities learnt about the death of the alleged victim from his relatives on the same day. However, the Sobral police chief did not start the police investigation until on November 9, 1999, 35 days later. According to the Commission, such delay had a significant impact on the efficiency of the investigation. d) The Attorney General´s Office filed the complaint on March 27, 2000, describing the killing of Damião Ximenes-Lopes by blows as a death brought on by a lack of essential care and, alternatively, it concluded that even if the death had been caused by blows, section 136 of the Criminal Code would still be the applicable provision;