35 the State has not carried out a complete investigation, given that some state authorities failed to fulfill their duty to collaborate with the examining judge in regards to the judicial inspection of the books containing the “arrivals and departures” records of the members of the San Benito Battalion of the extinct National Police. In the same way, prosecutorial investigation no. 34-00-03, which is open in order to investigate the possible participation of intellectual perpetrators in the homicide of Mr. García Prieto and the identification of the possible third party that may have been involved in the facts, the Court observes a lack of due diligence by the police and judicial authorities of El Salvador to act on their own motion. The Court also observes the delay of a determination by the judiciary which would conclude the investigation of the events. Consequently, the Court finds that a violation of the rights established in Articles 8(1) and 25(1) of the American Convention has occurred to the detriment of José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto, in relation to Article 1(1) of the Convention. * * * 117. The Commission and the common intervener alleged that the personal integrity of the members of the García Prieto Giralt family has been affected by the insufficient investigation into the homicide of Mr. García Prieto carried out by the State. In response, the State maintained that the death of Ramón Mauricio García Prieto Giralt was broadly investigated by the competent institutions. 118. This Court observes that in their testimony before a notary public (supra para. 16(d) and 16(e)), Ile del Carmen García Prieto Taghioff and Lourdes Elizabeth García Prieto Giralt described how their family has been affected by the lack of a complete investigation into the events of their brother’s homicide. Likewise, in her testimony before the Court (supra para. 17(a)), Gloria Giralt de García Prieto before the Court stated that: […W]e have felt frustrated, sad, angry, it is a contrast of feelings, we feel that our future is limited in a country that has the capacity necessary to pull us to pieces and that there is no one to stop it, we feel definitively disintegrated as a family, I would not […] think of bringing my children to live as a complete family in El Salvador, I would definitively die from worry. 119. Moreover, with respect to José Mauricio García Prieto Hirlemann and Gloria Giralt de García Prieto, expert witness and psychologist Mauricio José Ramón Gaborit Pino indicated in his expert report (supra para. 16(i)) that: […t]he psychological impact on the life of Doña Gloria and Don Mauricio has been mainly due to the denial of justice in the several actions brought to clarify the circumstances of the death of their son […] 120. Given the foregoing, this Tribunal observes that although José Raúl Argueta Rivas and Julio Ortiz Díaz were found guilty as perpetrators of the homicide of Ramón Mauricio García Prieto, his parents have lived with feelings of impotence and anxiety due to the lack of a complete investigation and because the prosecutorial investigation No. 34-00-03 has yet to be resolved (supra para. 116). 121. Therefore, this Court finds that the State is responsible for the violation of the right to humane treatment enshrined in Article 5 of the American Convention, in