FAIR TRIAL [JUDICIAL GUARANTEES] AND JUDICIAL PROTECTION WITH REGARD TO MARÍA LEONTINA MILLACURA LLAIPÉN, FABIOLA VALERIA TORRES AND MARCOS ALEJANDRO TORRES MILLACURA 109. This Judgment has already indicated that the Court accepted the acknowledgment of international responsibility made by the State in relation to the investigation and processing of the facts that took place with regard to Mr. Torres Millacura and the subsequent violations of the rights recognized in Articles 8(1) and 25105 of the American Convention in relation to Article 1(1) thereof (supra para. 35). In order to determine the scope of those violations and establish whether the failure to comply with the obligations established in Articles 1, 6, and 8 of the Convention Against Torture106 (supra para. 90) also took place, as well as to resolve the dispute over the violation of Article I.b) 107 of 105 Article 8(1) of American Convetion on Human Rights establishes that: 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. Article 25 of the American Convention on Human Rights establishes that: 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. 106 The Convention Against Torture establishes the following: Article 1 The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Article 6 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. Article 8 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. 107 Article 1.b) of the Convention on Forced Disappearance states that: The States Parties to this Convention undertake: […] b) 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; […] 34