Convention, has been proved sufficiently, because the exploitation activities were illegal, as recognized by the organs of the domestic jurisdiction (supra para. 143). 358. Consequently, the Court concludes that the State is responsible for the violation of the right to collective property contained in Article 21 of the Convention, in relation to Article 1(1) of this instrument, of the members of the Community Council of the communities of the Cacarica river basin. IX.4 CRIMINAL INVESTIGATIONS AND PROCEEDINGS AND OTHER PROCEDURES (Articles 8 and 25 of the Convention) A. Arguments of the Commission and of the parties 359. The Commission and the representatives considered that the State had violated the right to judicial guarantees and judicial protection established in Articles 8 and 25, in relation to Article 1(1) of the American Convention, and that, in particular, it had failed to comply with the obligations to investigate, prosecute and punish those responsible for torturing Marino López, pursuant to Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Marino López. The representatives also argued that the normative framework of the demobilization proceedings, which grants legal benefits to the members of the paramilitary groups who demobilize, impairs the right to justice of the victims and, thus, the obligation to adopt domestic legal provisions established in Articles 1(1) and 2 of the Convention. 360. The Commission observed that, more than 14 years after the events occurred, one investigation is still at the preliminary stage, and that neither the criminal proceeding nor the investigations of the ordinary justice system 609 nor the one under the Justice and Peace Law,610 have produced any result as regards administering justice and providing reparation, because no judgments have been delivered convicting those who have confessed to having taken part in the events that are the subject of this case. It also considered that, even though at least 38 members of the Army participated in Operation Genesis and numerous members of paramilitary groups had taken part in the incursions in the Cacarica river basin, of these, only one Army General and one soldier and some members of paramilitary groups had been prosecuted. 361. Furthermore, the Commission argued that the judicial proceedings have been drawn out, so that the reasonable time frame established in the Convention has been exceeded, and the responsibility for this can be attributed to the judicial authorities. According to the Commission, in the present case, the delay has reduced the possibility of uncovering the truth of the events and of prosecuting the perpetrators. The Commission also referred to the inefficiencies in the investigations owing to the failure to protect participants in the proceedings. 611 Regarding the 609 In this regard, it indicated that the proceedings under the ordinary criminal justice system have not progressed significantly, because, one of them was precluded by the State for more than four years and re-opened in 2009 without any results to date (proceeding No. 5767, now 426), and the second did not make any progress until just last year when a first instance judgment was delivered sentencing former General Rito Alejo del Río to 26 years’ imprisonment (proceeding No. 2332). It indicated that this judgment was delivered only for the death of Marino López Mena and is not yet final. It also indicated that an ordinary criminal investigation into the paramilitary incursion into the village of Bijao had been opened, but no investigations had been initiated in this jurisdiction for the other paramilitary incursions that are the subject of this case. Everything related to the remaining incursions was being aired before the legal proceedings of the Justice and Peace procedure, but only with regard to the events described in the voluntary confessions that are received. 610 Regarding this jurisdiction, the Commission noted that the State had not delivered judgments convicting anyone. However, a paramilitary leader who had provided information that was important for the clarification of the facts and the punishment of those responsible had been extradited. 611 In this regard, it indicated that, in order to protect the physical integrity of the officials of the Human Rights Unit and the members of the Technical Investigation Corps who took part in this investigation, and to avoid reprisals 117