20 68. Having assessed the evidence in the file, the Court will now analyze the alleged violations. VIII VIOLATION OF ARTICLES 8(1)39 AND 25(1)40 (RIGHT TO A FAIR TRIAL AND RIGHT TO JUDICIAL PROTECTION) IN RELATION TO ARTICLES 1(1)41 AND 242 OF THE AMERICAN CONVENTION AND ARTICLES 143, 644 AND 845 OF THE CIPST AND 7.B46 OF THE CONVENTION OF BELÉM DO PARÁ 69. In light of the State’s recognition of international responsibility and acknowledgement, and based on the evidence related to the file, as well as the different facts previously credited by this Court in different cases where the responsibility of the State of Guatemala has been demonstrated, the Court will now refer to as background to the context of the case and the specific facts in the criminal proceeding, already recognized by the State, and in some of them it will refer to other documents or information. Additionally, it will refer to the judicial 39 In this regard, Article 8 indicates that: “[e]very 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.” 40 In this regard, Article 25(1) indicates that: “[e]veryone 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.” 41 In this regard, Article 1(1) indicates that: “[t]he States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 42 Article 2 establishes that “[w]here 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.” 43 Article 1 establishes that “[t]he State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.” 44 Article 6 establishes that “[i]n 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.” 45 Article 8 establishes that “[t]he 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 proceeding. 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.” 46 Article 7 establishes that “[t]he States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish, and eradicate such violence and undertake to […] b. apply due diligence to prevent, investigate, and impose penalties for violence against women.”