65 type of act is repeated;70 hence the importance that the State adopt all necessary measures to avoid such acts, investigate and punish those responsible and, also, inform the next of kin about the whereabouts of the disappeared and, if applicable, compensate them.71 90. In this case, the lack of an investigation into this type of act constituted a determining factor in the systematic practice of human rights violations and contributed to the impunity of those responsible. Although the assessment of the obligation to protect the rights to life, humane treatment and personal liberty by means of a serious, complete and effective investigation into the facts is made in the next chapter of this judgment in light of the provisions of Articles 8 and 25 of the American Convention, it is relevant to emphasize here aspects of the obligation to safeguard these rights, other than the way in which they should be investigated. 91. As it has been established (supra paras. 61(51) to 61(64), 61(81) to 61(90), 61(92) to 61(109)), at the domestic level, the criminal proceedings were conducted and, in some cases, the accused were convicted in first instance, for offenses such as abduction, illegal deprivation of liberty, abuse of authority, association or conspiracy to commit a crime, injuries, coercion or threats and homicide, contained in the 1914 Penal Code or in the Penal Code in force since 1998, when this was more beneficial to the accused. It is true that the criminal offenses of torture or forced disappearance of persons did not exist in Paraguayan law at the time of the facts or when the proceedings were instituted. The 1992 Constitution of the Republic of Paraguay refers to these crimes72 and the State ratified the Inter-American Convention to Prevent and Punish Torture on March 9, 1990, and the Inter-American Convention on Forced Disappearance of Persons on November 26, 1996. However, it was not until the entry into force in 1998 of the actual Paraguay Penal Code that torture and the disappearance of persons was defined as a crime.73 While assessing 70 Cf. Case of the “Mapiripán Massacre”, supra note 2, para. 238; Case of the Gómez Paquiyauri Brothers, supra note 68, para. 130, and Case of Myrna Mack Chang. Judgment of November 25, 2003. Series C No. 101, para. 156. 71 Cf. Case of the Ituango Massacres, supra note 1, paras. 399 to 401; Case of the Pueblo Bello Massacre, supra note 5, paras. 265 to 273, and Case of Gómez Palomino, supra note 5, paras. 100, 103 and 104. 72 The 1992 Constitution of the Republic of Paraguay establishes: Concerning torture and other crimes Article 5. No one may be subjected to torture or to cruel, inhuman or degrading punishment or treatment. Genocide and torture, as well as the forced disappearance of persons, kidnapping and homicide for political reasons are imprescriptible. 73 The current Paraguayan Penal Code (Act No. 1.160/97), which entered into force in 1998, classifies the crime of forced disappearance of persons in its article 236 (in the chapter on “Punishable acts against the security of the co-existence of persons”) and of torture in its article 309 (in the chapter on “Punishable acts against the exercise of public functions”), as follows: Article 236.- Forced disappearance 1. Anyone who, for political purposes, executes the punishable acts indicated in articles 105 [willful homicide], 111(3) [aggravated injury], 112 [serious injury], 120 [coercion] and 124(2) [deprivation of liberty] in order to terrorize the population, shall be punished with at least five years’ imprisonment.