E. Rights to a fair trial, to judicial protection, and to the duty to investigate grave human rights violations (Article 8153 and Article 25.1154 of the American Convention), in connection with its Article 1.1 and the duty to adopt provisions under domestic law (Article 2 of the American Convention155); and Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish Torture (IACPPT)156 and Article I, subparagraph b), and Article III of the Inter-American Convention on the Forced Disappearance of Persons (IACFDP)157 1. General considerations about the rights to a fair trial and judicial protection and about the duty to investigate possible forced disappearance and torture 149. The Court has expressed that states are obliged to provide effective judicial remedies to the victims of human rights violations, which must be substantiated pursuant to the rules of due process of law, all of which is part of the general obligation, to be fulfilled by the states themselves, to guarantee the free and full exercise of the rights recognized by the Convention to all persons who are under their jurisdiction. Likewise, it has pointed out that the right to access to justice must ensure, within a reasonable period of time, the right of the alleged victims or their next of kin to do all that is necessary to know the truth of what happened and to investigate, try, and, if appropriate, punish those who are eventually proven to be responsible.158 Regarding the guarantee of reasonable time envisaged in Article 8.1 of the American Convention, the Inter-American Court has established that three elements need to be established in order to ascertain the reasonability of the timelimits for the development of a proceeding: a) the complexity of the case, b) the procedural activity of the party concerned, and c) the conduct of judicial authorities. 159 Likewise, the Commission and the Court have considered that it is also necessary to take into consideration the interest that was impacted.160 150. The Court has already established that the obligations to investigate acquires a particular and crucial intensity and importance in view of the gravity of the crimes perpetrated and the nature of the rights that were violated, as in cases of grave human rights violations occurring as part of a systematic pattern or practice Article 8 of the American Convention: “1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of 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. […]” 154 Article 25.1 of the American Convention: 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. 155 Article 2 of the American Convention: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 156 Article 1 of the IACPPT: The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Article 6 of the IACPPT: In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction. Articles 8 of the IACPPT: The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State. 157 Article I, subparagraph b) of the IACFDP: To punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories. Article III of the IACFDP, first paragraph: The States Parties undertake to adopt, in accordance with their constitutional procedures, the legislative measures that may be needed to define the forced disappearance of persons as an offense and to impose an appropriate punishment commensurate with its extreme gravity. This offense shall be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined. 158 I/A Court H.R. Case of Gutiérrez and family v. Argentina. Merits, Reparations, and Costs Judgment of November 25, 2013. Series C No. 271, para. 97. 159 I/A Court H.R. Case of the Ituango Massacres v. Colombia. Judgment of July 1, 2006. Series C No. 148, para. 289. 160 I/A Court H.R. Case of Valle Jaramillo et al. v. Colombia. Merits, Reparations, and Costs. Judgment of November 27, 2008. Series C No. 192, para. 155. 153