the State’s failure to guarantee this right, given the lack of an investigation into the allegations made by García Cruz and Sánchez Silvestre that they were illegally arrested at their homes without an warrant, and that they were subjected to arbitrary detention because “they were subjected to torture” during their initial detention and until they were brought before the competent authority.57 The State also accepted its international responsibility for the ineffective nature of the judicial review of their arrest, given that the “judicial intervention [in the trial for the crime of possessing firearms for the exclusive use of the Army] was not an effective means for ensuring the legality of the actions by the police officers responsible for the arrest and custody of Juan García Cruz and Santiago Sánchez Silvestre and restoring their rights, particularly taking into account the testimony of [both] in light of the medical certificates presented during the judicial proceedings.” 58 55. Regarding the “right to a fair trial and judicial protection, as well as the obligation to investigate acts of torture committed against Juan García Cruz and Santiago Sánchez Silvestre,” Mexico is responsible for violating Articles 8 and 25 of the Convention in relation to Article 1(1) of the same instrument and Articles 1, 6, 8 and 10 of the Inter-American Convention to Prevent and Punish Torture,” 59 due to: i. ii. “the lack of a serious, exhaustive and impartial investigation into alleged acts of torture,” which forced them to plead guilty to the crimes of possession of firearms for the exclusive use of the Army, homicide and injuries, inter alia, by means of written confessions, which they subsequently retracted.” Messrs. García Cruz and Sánchez Silvestre “were investigated and prosecuted in two criminal cases on the basis of that same testimony at prosecution, in which they stated that their arrest did not take place at the location indicated by the judicial police, and that they were injured and tortured by these officers.”60 the violation of the right to defense, in relation to the guarantees protected by Article 8(2) d, e and f 61 of the Convention, given that at the time when they gave statements to the Judicial Police on June 6, 1997, and to the Federal Public Prosecutors on June 8, 1997, they were not assisted by a defense attorney and did not receive adequate 57 Report on Merits No. 138/11, para. 148. Report on Merits No. 138/11, para. 151. 59 Report on Merits No. 138/11, paras. 153 to 216. Article 8(1) (Right to a Fair Trial) stipulates that: “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.” Article 25(1) (Right to Judicial Protection) establishes that: “Everyone has the right to a simple and prompt recourse, or any other effective recourse, before 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 is may have been committed by persons acting in the course of their official duties.” Article 8 of the Inter-American Convention to Prevent and Punish Torture establishes that: The State Parties guarantee to every person making an accusation of having been subjected to torture in any territory under its jurisdiction the right to have the case examined impartially. Furthermore, when there is a complaint or serious reason to believe that torture has been committed in any territory under their jurisdiction, the State Parties guarantee that their respective authorities proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. […] 60 Report on Merits, paras. 178, 176 and 170. 61 Article 8 (2) of the Convention provides, inter alia, that “[d]uring the proceedings, every person is entitled, with full equality, to the following minimum guarantees: […] d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and in private with his counsel; e) the inalienable right to be assisted by counsel provided by the State, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f) the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may shed light on the facts.” 58 16