34 g) after thirteen years of Mr. Gómez-Palomino’s forced disappearance, the investigation of the facts is still at a preliminary stage and the State has not compensated his next of kin or identified the perpetrators. Argument by the representatives 70. In relation to Articles 8 and 25 of the American Convention, the representatives have adhered to the allegations made by the Commission in its application. In this regard, they stated that Mr. Santiago Gómez-Palomino’s relatives contacted the Office of the Attorney General to open an investigation and find the victim's whereabouts and, despite the time elapsed, no proceedings have been instituted against those responsible for his forced disappearance. Arguments by the State 71. In relation to Articles 8 and 25 of the American Convention, the State alleged that the violations of the rights to a fair trial and judicial protection took place from the date the event was committed up to the time of transition towards democracy, for it was only from November, 2000 on that the conditions of freedom and institutional independence of the Office of the Public Prosecutor and of the Judiciary were given so that the jurisdictional authorities could act free from pressure and interference by the political powers. With respect to the investigation that was reopened by the Office of the Prosecutor in 2002, the State indicated that it is necessary to bear in mind that investigations into crimes against humanity, including forced disappearance, are of a complex nature, which explains for the delays in the investigations conducted in relation to the instant case, and that such delays were not the result of lack of willingness to investigate, prosecute, and punish the perpetrators. Considerations of the Court 72. Article 8(1) of the American Convention sets forth 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. 73. Article 25 of the Convention provides that: 1. 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. 2. The State Parties undertake: a. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b. to develop the possibilities of judicial remedy; and