CED/C/10/D/1/2013 Fe Court of Appeal ruling, the Court annulled the refusal to grant the application filed by Mr. Yrusta’s sisters and ordered that a different court should issue a new ruling. The matter is still pending before the court in question. The State party considers that the remedies to which the authors have had recourse have been shown to be effective and available. 6.4 The State party also argues that the judicial investigation into the cause of Mr. Yrusta’s death is currently being conducted by the Sixth Bench of the Santa Fe Criminal Investigation Court (case entitled “Yrusta, Roberto Agustín re/his death”, Case file No. 173/13). The Court is actively pursuing the case and has ordered a number of measures aimed at gathering evidence to establish the circumstances of Mr. Yrusta’s death and any criminal responsibility arising therefrom. In this regard, the State party draws attention, among other things, to the taking of testimony from prison officials and from the doctor, psychologist and psychiatrist at the prison facility where Mr. Yrusta was held and the production of expert evidence, such as the autopsy report by the Institute of Forensic Medicine and other forensic evidence. 6.5 With regard to the measures requested by the Prosecutor’s Office, a hearing has been scheduled for the confrontation of witnesses. The Office has instructed that testimony should be taken from other inmates in Wing No. 8, where Mr. Yrusta was held, and other prison officials who were on duty in that wing. It has also ordered that the mesh covering the window of Mr. Yrusta’s cell be examined in order to determine how the hanging took place. The State party considers that the above shows that the court case is being actively pursued and that the collection of the evidence requested by the prosecutor and considered relevant by the court in order to establish the truth is being performed. 6.6 The State party continues to emphasize that a decision is expected shortly in the pending proceedings concerning the authors’ petition for recognition as parties to the prosecution. It states that, if the authors are able to act in that capacity in the case, they will be entitled to: (a) provide evidence during the preparatory criminal investigation and request specific inquiries aimed at establishing the facts of the case; (b) request precautionary measures in order to ensure the payment of civil damages and costs; (c) attend the taking of statements from witnesses during the preparatory criminal investigation and pose questions and request clarifications; (d) take part in the proceedings within the limits laid down in the Code of Criminal Procedure; (e) introduce measures as they consider appropriate in order to expedite the proceedings; (f) request prompt action; (g) press charges; and (h) file motions to the court by the means and in the manner established for representatives of the Public Prosecution Service. 6.7 The State party concludes that the involvement of the alleged victims in the judicial investigation relating to the causes of the death of their brother Roberto Agustín Yrusta has revolved around the proceedings relating to their request to appear as plaintiffs described above. Additional information submitted by the authors 7.1 On 20 August 2014 and 21 November 2014, the authors submitted additional comments in response to the State party’s observations. They question the accuracy of its statements and express the view that the explanations provided are insufficient. 7.2 The authors confirm that, by a ruling of 23 April 2014, the Santa Fe Criminal Court of Appeal decided to annul the first instance decision on the grounds that “it fails to fulfil the right of the prospective plaintiffs to have access to justice. Accordingly, in view of the basis in law invoked by the latter, due process of law must be followed in order to allow them the possibility of intervening in the case”. It further considered that “the circumstances relating to the alleged irregularity and/or validity of the standing of the legal representative can in the present case be resolved by complying fully with the court order”. GE.16-05682 9