128. In this regard, the Commission concludes that the Ecuadorian State violated and continues to violate the rights to juridical personality, to life, to humane treatment, personal liberty, to a fair trial, and to judicial protection established in Articles 3, 4(1), 5(1) 5(2), 7, 8 and 25 of the American Convention in conjunction to the obligations of the State provided in Article 1(1) of the same international instrument, to the detriment of César Gustavo Garzón Guzmán. Also, the Commission concludes that the State violated Article I(a) and b) of the IACFDP to the detriment of the same person, taking into consideration that at the time of ratification of said instrument by the Ecuadorian State and to-date, the forced disappearance of Mr. Garzón Guzmán continues. 129. The Commission observes that these conclusions are consistent with those indicated by the Truth Commission. As determined in the proven facts, said Commission analyzed what happened to César Gustavo Garzón Guzmán and qualified it as a forced disappearance, indicating the National Police as the responsible party. B. Rights to fair trial and judicial protection (Articles 8(1) and 25(1) of the American Convention on Human Rights) in relation to the obligation to respect rights and the duty to adopt domestic legal measures (Articles 1(1) and 2 of said instrument) and Article I(b) of the Inter-American Convention on Forced Disappearance of Persons 130. The Articles of the American Convention referred to in this section state the following: Article 8. Right to a Fair Trial 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. Article 25. Right to Judicial Protection 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. The content of Article 1(1) of the Convention was referenced in the previous section 131. Article I(b) of the Inter-American Convention on Forced Disappearance of Persons provides that States party to said Convention commit “[t]o punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories.” 132. From the inter-American jurisprudence, when addressing the complaint of a disappearance of a person, there is an inescapable relation between the State’s response and the protection of the life and integrity of the person that is reported as disappeared. The immediate and exhaustive nature of the State’s response is independent of whether it is about a possible disappearance in the hands of private individuals or in the hands of state agents. The Commission reiterates that when there are reasonable grounds to suspect that a person has been a subject of forced disappearance, the prompt and immediate action of prosecutorial and judicial authorities is essential, by the order of timely and necessary measures addressed to determine the whereabouts of the victim or the place where he or she could be found alive.93 93 IACHR, Report No. 111/09. Case 11.324. Merits. Narciso González Medina. Dominican Republic. November 10, 2009, para. 225; I/A Court H.R., Case of Anzualdo Castro v. Peru. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of September 22, 2006. Series C No. 202, para. 134; Case of Radilla Pacheco v. Mexico. Preliminary Exceptions, Merits, Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, para. 221; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations and Costs. Judgment [continues …] 22