74 must be granted full possibilities of being heard and appearing at the corresponding legal proceedings, in furtherance of the discovery of the truth, the punishment of the offenders as well as to be awarded an adequate compensation.139 194. In response to the cruel, inhuman, and degrading treatment received by Mr. Damião Ximenes-Lopes and his subsequent death, the first recourse the State should have provided was an effective investigation and a legal proceeding conducted pursuant to the requirements of Article 8 of the Convention, providing for the discovery of the truth, punishment of the perpetrators and the award of adequate compensation. 195. Under Article 8(1) of the Convention, one of the requirements of a fair trial is that the courts must determine the cases submitted to them within a reasonable time. The reasonability of the time period must be appreciated in the light of the total length of the criminal proceeding. Under criminal procedure, said time period starts when the first pleading is filed against certain person as the alleged perpetrator of an offense and it ends when a final and non-appealable judgment is rendered.140 196. In order to establish whether the time period in the instant case was reasonable pursuant to Article 8(1) of the Convention, the Court will take into account three elements: a) the complexity of the matter, b) the procedural activities carried out by the interested party, and c) the conduct of judicial authorities.141 197. Based on the considerations included in the chapter dealing with Proven Facts and on the arguments of the Commission, the representatives and the State, this Court considers that this is not a complex case. There is only one victim, who has been clearly identified and who died in a healthcare institution, and therefore, the prosecution of the allegedly responsible persons, who are identified and localized, simple. 198. In addition, from the body of evidence it follows that the relatives of Mr. Ximenes-Lopes have cooperated in the course of the police investigation and the criminal and civil proceedings in order to further the proceedings, discover the truth and establish responsibilities. Albertina Viana-Lopes is a civil complainant in the criminal action, permitting the family of the alleged victim to take part in and oversee the proceedings. At this point is should be noted that, although the victims of human rights violations or their next of kin must have ample opportunity to participate and be heard during the investigation and the judicial proceedings ( supra para. 193), the State must be fully committed to the investigation and must assume it not as mere measures or actions performed for private purposes that depend 139 Cf. Case of Baldeón-García, supra note 4, para. 93 and 146; Case of Pueblo Bello Massacre, supra note 25, para. 144; Case of Mapiripán Massacre, supra note 21, para. 219; Case of Moiwana Community, supra note 125, para. 147; Case of Serrano Cruz Sisters, supra note138, para. 63; Case of 19 Tradesmen, supra note 108, para. 186; Case of Las Palmeras. Judgment of December 6, 2001. Series C No. 90, para. 59; Case of Durand and Ugarte, supra note 138, para. 129; and Case of the “Street Children” (Villagrán Morales et al.), supra note 108, para. 227. 140 Cf. Case of Baldeón-García, supra note 4, para.150; Case of López-Álvarez, supra note 121, para. 129; and Case of Tibi, supra note 111, para. 169. 141 Cf. Case of Baldeón-García, supra note 4, para. 151; Case of López-Álvarez, supra note 121, para. 132; and Case of Pueblo Bello Massacre, supra note25, para. 171.

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