33 IN RELATION TO ARTICLE 1(1) THEREOF Arguments by the Commission 69. In relation to Articles 8 and 25 of the American Convention, the Commission alleged that: a) the State violated the rights to a fair trial and judicial protection of Mr. Santiago Gómez-Palomino and of his next of kin due to the lack of effectiveness of the remedy of habeas corpus at the time the victim was illegally detained, and because the State failed to conduct a proper investigation and court proceedings within a reasonable time to punish those responsible for the victim’s forced disappearance; b) the lack of effectiveness of the remedy of habeas corpus and of the judicial investigation was acknowledged by the State within a specific time frame, including only the events occurred before the democratic transition. This time limit does not excuse the Court from examining all the judicial proceedings in order to have a comprehensive idea of them and to determine whether such proceedings are contrary to the standards regarding the rights to a fair trial and judicial protection as well as the right to an effective remedy; c) more than thirteen years after the events giving rise to the victim’s forced disappearance, the investigation is still pending, currently before the Fiscalía Provincial Especializada en Delitos contra los Derechos Humanos (Special Provincial Office of the Prosecutor for Human Rights Crimes). Therefore, the case has not been referred to a court of competent jurisdiction in order to commence the relevant criminal proceedings; d) the findings obtained during the investigation, when it was reopened in 2002, should have set the course of the investigations and, for example ─deploying a minimum of diligence─, the statements of the persons implicated by collaborator 371-MCS as the instigators and actual perpetrators of the forced disappearance, torture and extrajudicial execution of the victim should have been taken. Nothing on the records of the case indicates that any action to such effect has been taken by the State; e) although investigations of cases involving forced disappearance may be complex, the delays in the instant case do not stem from the complexity of the case but from the lack of action by the Office of the Prosecutor that is still unexplained; f) the delays in performing the excavations in order to search for the remains of Mr. Gómez-Palomino caused by the lack of authorization by the Peruvian Public Prosecutor, or the halt to the investigation due to the replacement of the Human Rights Prosecutor are indicative of the State’s failure to conduct a serious, impartial and effective investigation through its competent organs; and