investigation from the first day. Authorities had complete access to the scene of the events and the opportunity to perform all the technical tests that were relevant. 226. On the other hand, the authorities entrusted with the case, have failed for 17 years to act on the adequate mechanism to guarantee that the events were known under the ordinary jurisdiction and not in a jurisdiction that results incompatible with the principles of independence, impartiality and natural judge in this case. Also, during this time, the domestic authorities have not ordered any more proceedings or technical tests geared to finding the truth of the events. This omission for such a prolonged time has become an obstacle to the access to justice for Mr. Villamizar’s next of kin, who have contributed to the proceedings with their testimonies. 227. In light of the above, the Commission concludes that the State has engaged in an improper delay which is contrary to the guarantee of reasonable time established in Article 8 of the American Convention, to offer the victims next of kin an investigation and criminal proceedings independently and impartially. 2. The rights to a fair trial and judicial protection of the next of kin of Mr. Elio Gelves Carrillo a. Facts about the process i) The investigation and process in the military criminal jurisdiction 228. On May 28, 1997, the Fortul-Arauca Police from the Institute of Legal Medicine collected the corpse at 7:55 am. It was noted that “for safety measures, the record of the collection was practiced in the town morgue;” the corpse was found in a “supine” position and was wearing “Green pants, green long sleeved shirt, green wool socks, yellow and white underwear, gray plaid shorts, a green police hat, black rubber boots.” The Inspector noted that she was informed of the events by Captain Juan Mesa who went to her house at approximately 5:45AM.”319 229. The inspector also noted that “the corpse had the following: 01. Handmade equipment, 01 Chinese style mine with dynamite and machinegun, 05 meters of detonating cord, 03 squibs, 02 fragmentation hand grenades, 01 G3 rifle magazine which contained 20 cartridges caliber 7.62 made: Gavin, 59 cartridges 7.62 CAVIN and VEN, 01 revolver cover, 01 Smith Wesson revolver… caliber 38, found in the barrel of the revolver 3 shells and 03 Winchester cartridges, in the right pocket of the pants of the deceased, 06 INDUMIL 38-caliber cartridges were found.” It was noted that these things were given to “CO. Juan Carlos Mesa Serrano.” 320 230. About the autopsy, the Attorney General’s office stated that it “10 fire arm perforations”, “Wound I” with a “BACK-FRONT-RIGHT-LEFT: DOWN-UP” path and 9 wounds with a “FRONT-BACK-RIGHTLEFT; DOWN-UP” path. 321 231. On May 28, 1997, Mr. Manuel Gelves Guerrero submitted a claim against the National Army before the Fortul Municipality judge for his son’s death.322 319 Annex. 46. Institute of Legal Medicine, Collection of the Body Report, May 28, 1997. Annex to the petitioners’ brief of April 320 Annex. 46. Institute of Legal Medicine, Collection of the Body Report, May 28, 1997. Annex to the petitioners’ brief of April 10, 2001. 10, 2001. 321 The autopsy findings are included in brief from Annex. 39. Delegate Attorney General, Jurisdiction clash, July 30, 1998. Annex to the petitioners’ brief of November 6, 2000. 322This fact and claim are included in Annex. 39. Decision from the Commander of the 18th Brigade, Judge of the First Instance, June 13, 2000. Annex to the petitioners’ brief of November 6, 2000.