76 203. The time in which the criminal proceeding in the instant case has been conducted is not reasonable, inasmuch as after six years, i.e., seventy-five months after its commencement, no decision has been rendered by the trial court, and there are no reasons to justify such delay. This Court considers that such delay exceeds by far the reasonable time provided for in the American Convention, and constitutes a violation of the right to a fair trial.143 204. Besides, the fact that the criminal proceeding has not been concluded has had specific consequences for the next of kin of Mr. Damião Ximenes-Lopes, since, under the legislation of the State, the civil reparation for the damages caused by a wrongful act that constitutes a crime may be subject to the establishment of the crime in a criminal action; therefore, no decision has been rendered by the trial court in the civil action for damages. In other words, the lack of justice in the criminal proceedings has prevented the next of kin of Mr. Ximenes-Lopes, particularly his mother, from receiving monetary compensation for the damage caused in the instant case. 205. In view of the foregoing, the Court considers that the State failed to provide an effective remedy to enforce, within a reasonable time, the right to a fair trial of Albertina Vianas-Lopes and Irene Ximenes-Lopes-Miranda, mother and sister respectively of Mr. Damião Ximenes-Lopes, fully in accordance with the right to a fair trial. * 206. The Court concludes that the State has not provided the next of kin of Mr. Ximenes-Lopes with effective recourse to ensure a fair trial, the establishment of the truth, the investigation, identification, prosecution and eventual punishment of the perpetrators and the reparation of the aftermath of the violations. Therefore, the State is responsible for the violation of the right to a fair trial and the right to judicial protection set forth in Articles 8(1) and 25(1) of the American Convention in relation with Article 1(1) thereof, to the detriment of Albertina Viana-Lopes and Irene Ximenes-Lopes-Miranda. XI REPARATIONS APPLICATION OF ARTICLE 63(1) OBLIGATION TO PROVIDE ADEQUATE REPARATIONS 207. In accordance with the analysis set forth in previous chapters, the Court has declared, based on the partial acknowledgement of the State’s liability, the violation of Articles 4(1) and 5(1) and (2) of the American Convention, all in relation to Article 1(1) thereof, to the detriment of Mr. Damião Ximenes-Lopes; based on the facts of the case and the evidence submitted to this Court, the violation of Article 5 of the 143 Cf. Case of Baldeón-García, supra note 4, para. 153; Case of García-Asto and Ramírez-Rojas, supra note 20, para. 167 to 172; and Case of Gómez-Palomino, supra note 21, para. 85.