55 […] the measures […] necessary to clarify the facts,”191 and requested the appearance of two possible aggressors in order for them to give their statements. On March 5, 2010, the Department of Preliminary Investigations of the Military Attorney General’s Office ordered the investigation be forwarded to the Investigatory Agency of the Special Military Public Prosecutor’s Office, adjoined to the Department of Preliminary Investigations of said Public Prosecutor’s Office.192 On March 13, 2010, the case file was assigned under Preliminary Investigation SC/179/2009/II-E193 and the evidentiary procedures were carried out such as the taking of statements and expert opinions. B. Intervention of the military criminal justice system 172. The Inter-American Commission stated that there were no elements that justified the intervention of the military justice system in the investigation of the complaint for rape. The military justice system should be used only to try soldiers on active service for the alleged perpetration of strictly service-related offenses. In cases involving human rights violations, the military criminal jurisdiction does not satisfy the requirements of independence and impartiality established in Article 8(1) of the American Convention. Similarly, the transfer of partial competence carried out by the military jurisdiction to the common jurisdiction to investigate only civilians is incompatible with the Convention. Consequently, it asked the Court to declare that the State violated Articles 8(1) and 25 of the American Convention, in relation to Article 1(1) thereof. 173. The representatives argued that Mrs. Fernández Ortega’s rights to judicial guarantees and to judicial protection were violated by the State because her case was submitted to the military jurisdiction, based on Article 13 of the Political Constitution and Article 57(II)(a) of the Code of Military Justice, and also because the State had not provided an effective remedy to contest the application of said jurisdiction to her case. The military jurisdiction does not fulfill the requirements of impartiality, independence, and competence to hear human rights violations and the submission of the case to this jurisdiction violates the guarantee of a hearing by a competent tribunal. This practice owes itself to the absence of an express provision in the Mexican legal system that excludes the military justice system from hearing offenses of this type, and in general, to the transfer of ordinary offenses committed by soldiers on active service, or related to active service to this jurisdiction based on Article 57 of the Code of Military Justice. The foregoing is a result of the ambiguity of Article 13 of the Political Constitution and of Article 57(II)(a) of the Code of Military Justice. In addition, they emphasized that said situation is aggravated because Article 10 of the Amparo Law establishes three hypotheses in which the petition for amparo [relief] promoted by the victims and aggrieved parties is admissible, when requiring reparation of damage or responsibility for the perpetration of an offense; these hypotheses do not include one that permits the rejection of competence in favor of the military jurisdiction to be contested. Consequently, they asked the Court to declare that the State had 191 Cf. Agreement of settlement issued by the Agent of the Military Public Prosecutor’s Office adjoined to the Section of Preliminary Investigations of the Attorney General for Military Justice on November 18, 2009 (case file of annexes received during the public hearing, tome I, folios 10493 and 10494). 192 Cf. Order No. AP-A-10319 of the Section of Preliminary Investigations of the Attorney General for Military Justice on March 5, 2010 (case file of annexes received during the public hearing, tome VIII, folio 12544). 193 Cf. Order No. AP-E/13029 of the Table of Special Matters of the Section of Preliminary Investigations of the Attorney General for Military Justice on March 13, 2010 (case file of annexes received during the public hearing, tome VIII, folio 12548).