-109iii. The investigation has still not complied with the Tribunal Nacional’s order and there is little expectation that the investigation will be effective, given the length of time that has elapsed since the facts occurred, and iv. The domestic authorities never undertook the investigations as an inherent duty, in compliance with their constitutional and legal obligations and with their international commitments concerning the prevention of human rights violations; (f) Regarding the proceeding before the military criminal jurisdiction: a. The military jurisdiction does not have the characteristics of independence and impartiality established in Article 8 of the Convention; b. When the investigation of law enforcement personnel was assigned to the military jurisdiction, it deprived the alleged victims’ next of kin of the right to have access to an effective judicial recourse that would guarantee them the exercise of their rights, clarify the facts and establish the State’s responsibilities, and c. This jurisdiction decided, without much investigation, to declare that there was no evidence to indicate the responsibility of law enforcement personnel in the facts, and (g) The claims for compensation filed by the alleged victims’ next of kin before the administrative courts have not concluded, so that, to date, they have not been compensated at the domestic level for the damage caused by the facts. 166. Arguments of the State (a) The State has adequate jurisdictional instruments for the full exercise of judicial guarantees; (b) A growing and progressive regime of State responsibility exists in Colombia and, in some cases, State responsibility has even been established, irrespective of guilt; in other words, an objective responsibility. The compensation system for damages is constantly evolving in favor of those who have been negatively affected, strengthened by the accumulation of responsibility between the official agent and the Administration, so that the person affected may prosecute either the legal or the natural person; (c) The State has a structured, systemic and comprehensive legal system with specific and complementary purposes and spheres of protection, which were activated and implemented immediately following the events of Pueblo Bello. They have still not been exhausted, not because of ineffectiveness, but due to complexity and the interest of the State and its judicial authorities in exhausting all possible measures to identify and find the bodies of the alleged victims, as well as those responsible for the illegal acts; (d) Regarding the military criminal jurisdiction: i. The military criminal justice system is an institution of the rule of law in Colombia and when referring to a violation of the treaty-based provisions in this jurisdiction, it is necessary to examine the circumstances and procedures in a specific case and not merely in general. The standard of effectiveness of a domestic recourse is established by its capacity to