48 4.1 Whether or not Mrs. Chinchilla received judicial protection in relation to her health while she was detained at the COF 172. Article 8(1) of the American Convention states, 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. 173. Article 25(1) of the American Convention provides: 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. 174. Article 1(1) of the American Convention states, 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. 175. In this regard, the Court has found that the States Parties have an obligation to provide effective judicial remedies to persons who claim to be victims of human rights violations (Article 25), remedies that must be substantiated in accordance with the rules of due process of law (Article 8(1)), all in keeping with the general obligation of such States to guarantee the free and full exercise of the rights recognized by the Convention to all persons subject to their jurisdiction (Article 1(1)).358 176. In its Report on the Human Rights of Persons Deprived of Liberty in the Americas, the Commission underscored the role that enforcement judges play in protecting the rights of persons who need medical care. The IACHR noted that "judicial officials must act with diligence, independence, and humanity in cases where it is duly attested that there is an imminent risk to life of the indi vidual owing to their deteriorated health or a fatal illness."359 177. In this case, the Commission observes that the Second Court consistently received regular information about Ms. Chinchilla’s state of health and its impact on her life and well-being, not only through the certifications contained in the record in connection with the requests for permission to go for medical appointments, but also in communications from Ms. Chinchilla herself and the information available in the records connected with the incidental motions for early release. 178. Bearing in mind his function as a guarantor of the rights of persons deprived of their liberty, the Commission considers that the Judge had an obligation to provide judicial protection with respect to the different harm that Ms. Chinchilla suffered as a result of her ailments as well as with regard to the medical treatment that she was provided at the COF. 358 I/A Court H.R., Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of May 19, 2011. Series C No. 226, par. 86. 359 IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, December 31, 2011, par. 300.