51 reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 139) Article 25 of the American Convention, concerning the right to judicial protection, 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. 140) Article 2 similarly stipulates that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 141) Article 1(1) the Convention creates an obligation for the State to respect and guarantee the exercise of rights enshrined therein, by providing that: 1. 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. 142) In relation to the duration of domestic proceedings, the Court has previously established that they are deemed to be at an end [w]hen a final and firm judgment is delivered and the jurisdiction thereby ceases and that, particularly in criminal matters, that time must cover the entire proceeding, including any appeals that may be filed. 125 143) With respect to the right to trial within reasonable time, addressed in Article 8(1), this Tribunal has previously held that three factors should be considered in determining the reasonableness of the time in which a proceeding takes place: a) the complexity of the case, b) the procedural activity of the interested party, and c) the conduct of the judicial authorities. 126 144) In the Suárez Rosero Case, the Court found that a period of delay of four years and two months between the victim’s arrest and resolution of the final appeal "far exceeds the reasonable time contemplated in the American Convention." 127 125 I/A Court H.R., Suárez Rosero Case, supra note 66, para. 71. 126 Cf. I/A Court H.R., Suárez Rosero Case, supra note 66, para. 72; I/A Court H.R., Genie Lacayo Case. Judgment of January 29, 1997. Series C No. 30, para. 77; European Court of Human Rights, Motta v. Italy. Judgment of February 19, 1991, Series A No. 195-A, para. 30; European Court of Human Rights, Ruiz-Mateos v. Spain. Judgment of June 23, 1993, Series A No. 262, para. 30. 127 I/A Court H.R., Suárez Rosero Case, supra note 66, para. 73.

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