212. Furthermore, although the representatives submitted some evidence regarding the alleged damages suffered by the relatives of Messrs. Cabrera and Montiel as an presumed consequence of the violations declared, the Court notes that the Commission did not argue in its Merits Report or in its application that these individuals had their rights violated under the American Convention (supra para. 60). Based on the foregoing, and bearing in mind the Court’s case law, 321 the Court does not consider the relatives of the victims in this case as “injured parties” 322 and emphasizes that they shall be entitled to reparations only in their capacity as heirs, that is, if the victim dies and according to the provisions of domestic law. B) Obligation to investigate the facts and to identify, judge and, if applicable, punish those responsible 213. The Commission and the representatives agreed that “comprehensive reparation requires that the Mexican State investigate with due diligence and in a serious, unbiased and exhaustive manner, the human rights violations suffered by Messrs. Cabrera and Montiel in order to reveal the historical truth of the facts, and to prosecute and punish all those responsible, both materially and intellectually.” Thus, they asked the Court to order the State “to locate, prosecute and punish all those who participated in the actions,” including all those responsible for the irregularities and omissions committed in the judicial proceedings. 214. In this Judgment the Court has established that the State violated the rights to humane treatment [personal integrity] and personal liberty, fair trial [judicial guarantees] and judicial protection embodied in Articles 5, 7, 8 and 25 of the American Convention, respectively (supra paras. 137, 177, 193, 201 and 204), together with Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture. The Court analyzed the way in which the ordinary courts assessed the allegations of torture presented by the victims. However, the Court notes that the only judicial proceeding which specifically set out to investigate the alleged torture and cruel and inhuman treatment committed against Messrs. Cabrera and Montiel was conducted by the military criminal justice system, which was not competent to hear this case (supra. para. 201). 215. For this reason, as it has ordered on other occasions, 323 the Court requires that the abovementioned events be effectively investigated by the ordinary courts in a proceeding against those allegedly responsible for the offenses committed against the victims’ personal integrity. Consequently, the Court rules that the State shall effectively carry out the criminal investigation into the facts of this case, particularly into the allegations of torture against Messrs. Cabrera and Montiel, in order to determine the corresponding criminal responsibilities and, if appropriate, effectively apply the punishments and consequences established by law. This obligation shall be complied with within a reasonable period of time, according to 321 Cf. Case of Acevedo Buendía et. al. (“Discharged and Retired Employees of the Comptroller”) v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 1, 2009. Series C 198, para. 114. 322 In relation to Mr. Montiel Flores, his wife, Mrs. Ubalda Cortés Salgado, and their children: Claudia, Andrés, María Magda Lizbeth, José Orvelín, Mareny and Leonor, all bearing the surname Montiel Cortés. In relation to Mr. Cabrera García, his wife, Mrs. Ventura López Ramírez and his stepson, Miguel Olivar López. 323 Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 25, para. 174; Case of Fernández Ortega et al. v. Mexico, supra note 39, para. 228; and Case of Rosendo Cantú et al. v. Mexico, supra note 30, para. 211. 80