30 B. The rights to judicial guarantees and to judicial protection in the investigations and proceedings instituted into the death of José Luis García Ibarra 155. Article 8(1) of the American Convention provides that: 1. 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. 156. Article 25(1) of the Convention states 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. 157. Article 1(1) of the American Convention provides that: The 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. 158. By way of introduction, the Commission recalls the jurisprudence constante of the InterAmerican Court regarding the possibility of the organs of the system examining domestic proceedings. In the words of the Inter-American Court: [i]n order to determine whether the State has violated its international obligations owing to the acts of its judicial organs, the Court [and the Commission] may have to examine the respective domestic proceedings. In light of the above, the domestic proceedings must be considered as a whole, including the rulings of the appellate courts, and the role of the international court is to 99 establish whether the proceedings as a whole were in accordance with international provisions. 159. In this section the Commission will examine the rights upheld in articles 8(1) and 25(1) of the American Convention, to determine whether the State complied with its duty to guarantee the substantive rights protected under the Convention, which in this case is the right to life. As the Court has written, the positive measures that States must adopt to guarantee the rights recognized in articles 8(1) and 25(1) of the American Convention include not just the duty to prevent, but also the duty to investigate violations of the human rights recognized in that instrument, such as the violations alleged in the present case. They must also endeavor to restore the violated right, where possible, and, where 99 I/A Court H.R., Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, paragraph 142; Case of Lori Berenson Mejía v. Peru. Merits, Reparations and Costs. Judgment of November 25, 2004. Series C No. 119, paragraph 133; Case of Myrna Mack Chang v. Guatemala. Merits, Reparations and Costs. Judgment of November 25, 2003. Series C No. 101, paragraph 200; and Case of Juan Humberto Sánchez v. Honduras. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 7, 2003. Series C No. 99, paragraph 120.