54 Article 8. The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State. 288. Article 7 of the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (hereinafter “the Convention of Belém do Pará”) declares: The States Parties condemn all forms of violence against women and agree to pursue, by all appropriate means and without delay, policies to prevent, punish and eradicate such violence and undertake to: a. refrain from engaging in any act or practice of violence against women and to ensure that their authorities, officials, personnel, agents, and institutions act in conformity with this obligation; b. apply due diligence to prevent, investigate and impose penalties for violence against women; c. include in their domestic legislation penal, civil, administrative and any other type of provisions that may be needed to prevent, punish and eradicate violence against women and to adopt appropriate administrative measures where necessary; d. adopt legal measures to require the perpetrator to refrain from harassing, intimidating or threatening the woman or using any method that harms or endangers her life or integrity, or damages her property; e. take all appropriate measures, including legislative measures, to amend or repeal existing laws and regulations or to modify legal or customary practices which sustain the persistence and tolerance of violence against women; f. establish fair and effective legal procedures for women who have been subjected to violence which include, among others, protective measures, a timely hearing and effective access to such procedures; g. establish the necessary legal and administrative mechanisms to ensure that women subjected to violence have effective access to restitution, reparations or other just and effective remedies; and h. adopt such legislative or other measures as may be necessary to give effect to this Convention. 289. The Inter-American Court has upheld the right of all persons affected by a human rights violation to obtain clarification of the events that violated human rights and the corresponding responsibilities from the competent organs of the State, through the investigation and prosecution that are 292 established in Articles 8 and 25 of the American Convention. Those State duties are in turn part of the general obligation contained in article 1.1 of the Convention to respect and guarantee the rights 293 recognized in that international instrument. 290. In determining a possible violation of article 8 of the Convention it must be examined 294 whether the judicial proceedings respected the affected party’s right to due process of law . Article 25.1 of the American Convention incorporates the principle of the effectiveness of the procedural instruments 295 or means available to guarantee human rights 291. The close interrelationship between articles 1, 8 and 25 of the American Convention has been repeatedly stressed by the Court. Thus, Article 25 in relation to Article 1(1) of the American 292 I-A Court, Barrios Altos vs. Peru. Judgment of 14 March 2001. Series C No. 75, Para. 48. 293 Article 1.1 provides: “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.” 294 I-A Court, Genie Lacayo vs. Nicaragua. Judgment of 29 January 1997. Series C No. 30, Para. 74. 295 I-A Court, Judicial Guarantees in States of Emergency (Articles 27.2, 25 and 8 American Convention on Human Rights), Advisory Opinion OC-9/87, October 6, 1987 . Series A No. 9, Para. 24

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