40 reasons, when she had explained the facts, they should have reinitiated investigations; e) No investigation of the case has been undertaken, the victim has been denied the right to obtain judicial protection, and there has been no proceeding to hold the perpetrators responsible; f) The State has the obligation to investigate, prosecute and punish those responsible and this cannot be the result of procedural measures taken by the victims, as the State has suggested. When the consistent exercise of this obligation is not effective, it results in a situation of impunity and vulnerability for the persons subject to its jurisdiction. Even though the State had sufficient elements to investigate the unlawful detention of the victim, the authorities who collaborated in the case were not those responsible for doing this. Nor is it true, as the State affirms, that the instigation of the criminal proceedings depends on the Judiciary, because the Office of the Attorney General was already in charge of the investigation; and g) The viewpoints expressed by the State reflect its lack of political will to curb the impunity of the members of the armed forces, and reveals the failure of the authorities to protect Maritza Urrutia and her next of kin, thereby violating Articles 8(1) and 25 in relation to Article 1(1) of the Convention. Arguments of the State 106. The State did not present any specific argument related to the alleged violation of Articles 8 and 25 of the Convention and Articles 1, 6 and 8 of the InterAmerican Convention against Torture. Considerations of the Court 107. Article 8 of the American Convention establishes that: 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. 2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: a) the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court; b) prior notification in detail to the accused of the charges against him; c) adequate time and means for the preparation of his defense; d) the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e) the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend