68 (RIGHT TO FAIR TRIAL AND JUDICIAL PROTECTION) Pleadings of the representatives of the alleged victim 114. The representatives of the alleged victim alleged violation by the State of Articles 8 and 25 of the American Convention on the basis of the following arguments: a) the two times that Juan Humberto Sánchez was detained, he was not taken before any competent, independent and impartial judicial authority “to establish his rights and obligations,” which violated Article 8(1) of the Convention. He was not informed of the reasons for his detentions, which is a violation of Article 8(2)(b), nor was he provided the legal representative to which he had a right, thus limiting his right to prepare his defense, which violated Article 8(2)(c) and (d). The right of the victim to presumption of innocence, set forth in Article 8(2), was also breached, as the head of the armed forces repeatedly referred to the victim as “nothing other than a criminal;” b) the next of kin of the alleged victim did not have access to an effective remedy before a competent authority for investigation of the death of Juan Humberto Sánchez. In this regard, the proceeding begun with the aim of investigating said death was protracted and ineffective and there were a number of irregularities in it that obstructed justice; c) the first anomalies in the investigation occurred at the scene of the crime and during the initial stage of the forensic investigation. In point of fact, the lack of an autopsy and mismanagement of the scene of the crime led to a loss of very important evidence to establish responsibilities for the death of the alleged victim. On the contrary, the corpse of Juan Humberto Sánchez was buried immediately, with no substantial precautions; d) even though the next of kin of the alleged victim have rendered statements before the domestic authorities several times, the arrest warrant issued in connection with the facts was based on their first statements, without taking into account subsequent statements, which shows negligence and ineffectiveness in the investigation; e) one of the methods of obstruction of the criminal investigation consisted of a series of threats and harassment against the next of kin of the alleged victim; these threats and harassment are not only a violation of the right to humane treatment of the family of Juan Humberto Sánchez, but also a form of obstruction of justice; f) more than 9 years after the facts, key witnesses for full elucidation of the facts have not yet been summoned to render testimony, no person has been brought to justice nor have the perpetrators of the facts been punished; thus, the right to truth has been breached to the detriment of the next of kin of the alleged victim; and g) there was also a pattern of impunity and general ineffectiveness in establishing criminal responsibilities of those responsible for the facts, as another obstacle to attainment of justice;