68 connection, they have taken innumerable steps to further the police investigation and the criminal prosecution for the death of the alleged victim; f) The ability of the relatives under Brazilian law to actively participate and cooperate in the course of the proceedings as a civil complainant in a criminal case may not be construed as a substitute for the State’s responsibility to conduct a thorough and unbiased investigation within a reasonable time as part of the legal remedy safeguard; g) the actions of state agents have hindered the prosecutions of the perpetrators; h. under the Code of Criminal Procedure, a criminal action must commence and terminate within 81 days. The instant case has spanned over 2,200 days, more than twenty-eight times the length set forth in such code, and I. the next of kin of the alleged victim, in particular his sister Irene Ximenes-Lopes-Miranda, have gone through great lengths to cooperate and further the proceedings. As a result of the undue delay, attributed exclusively to the State, Mr. “Damião [Ximenes-Lopes] and his family [have been] denied their rights under Articles 8 and 25 of the American Convention.” Arguments of the State 166. In relation with the alleged violation of Articles 8(1) and 25(1) of the Convention to the detriment of the relatives of Mr. Damião Ximenes-Lopes, the State argued, inter alia, that: a) the State’s commitment to the pursuit of justice was evidenced in the preliminary stage of the proceedings, and in the statement of the facts and arguments presented in the answer to the complaint, which describes all the measures adopted by the State to investigate the circumstances surrounding the death of Mr. Damião Ximenes-Lopes and punish those responsible for the ill treatment and death of that patient of the Casa de Reposo Guararapes (Residential Rest Home); (b) the State adopted all measures needed to impose criminal sanctions on those responsible for the death of Mr. Damião Ximenes-Lopes. However, it must not be overlooked that in the criminal proceeding, the fundamental safeguards of the accused must also be observed; c) as regards to the actual investigation, it is improper to talk about a violation on the part of the State. The investigative, prosecutorial, defensive and adjudicatory functions are exercised by separate and independent organs. The subsequent lack of evidence in the police investigation produced no harm whatsoever, as it could be cured during trial. In the instant case, the evidence tendered was sufficient to satisfy the Attorney General that the crime has been committed and that there is evidence of who committed it. d) in the instant case, the preliminary stage of the criminal proceedings have been concluded, and the judgment is due for the first months of 2006, and e) the State did not infringe Articles 8 and 25 of the Convention, inasmuch as the investigations into the death of Damião Ximenes-Lopes have complied with the legal requirements, and have observed the due process of law, the right of rebuttal and the right to defense. The delay in the criminal proceeding is reasonable, since it is due to the search for the real truth, the complexity of the case and the peculiarities of Brazilian criminal procedure.