25 137. In sum, the Commission considers that the aforementioned circumstances cause 91 relatives suffering, anguish, frustration and impotence before State authorities, for which reason they 92 can be considered as victims of a violation of their right to humane treatment. Consequently, and in keeping with the principle of iura novit curia, the Commission concludes that the State violated Article 5 of the American Convention, to the detriment of the immediate family of Jorge Omar Gutiérez - his widow, their three children and his brother - in accordance with Article 1(1) of the Convention. Obligation to respect and ensure protected rights (Article 1(1) of the American Convention) 138. In this case, the Argentine State has not complied with its obligations with regard to Article 1(1) of the American Convention to “respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms,” given that it violated the rights established in articles 4, 5, 8 and 25 of the treaty. 139. The primary obligation of all States Party to the American Convention is to respect the protected rights and liberties of those subjects under their jurisdiction. As the Inter-American Court has Indicated that “under international law a State is responsible for the acts of its agents undertaken in their official capacity and for their omissions, even when those agents act outside the sphere of their authority 93 or violate internal law.“ The Court has also established that, “In principle, all violations of rights recognized by the Convention that are carried out by an act of public administration or by individuals acting on behalf of official authorities are attributable to the State.” 140. The second obligation established in Article 1(1) is the obligation to ensure free and total exercise of the rights and liberties recognized in the Convention. In this sense, the States Party have the obligation to “organize the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation 94 of the rights recognized by the Convention....” The violation of a protected right also generates the obligation to take those measures necessary toward reparations. 141. When faced with allegations, the State has the obligation to resolve the facts and identify and punish those responsible. In the case analyzed in this report, these essential obligations were not fulfilled. For this reason, the Commission concludes that the State has violated Article 1(1) of the Convention because, as this report has established, it did not guarantee Jorge Omar Gutiérrez and his relatives’ exercise of their rights and guarantees. 142. It should be noted that regardless of the domestic jurisdictional structure, the Argentine State must ensure that the Province of Buenos Aires take measures toward complying with the rights established in the Convention, especially due diligence and investigation of the facts denounced by the family members of Deputy Commissioner Jorge Omar Gutiérrez. 143. In this sense, the final goal of safeguarding the human rights established in the American Convention in general - and the aforementioned provisions in particular - supersedes any reference to domestic jurisdictional structure or organization of the competent bodies of a federation. In this regard, it cannot be forgotten that because they are part of the State, the States of the federation are equally bound by the provisions of the international treaties ratified by the federal government. 91 Case of Bámaca Velásquez, para. 160; Case of Cantoral Benavides, para. 105; and Case of Durand y Ugarte, para. 92 Case of Bámaca Velásquez, para. 162; Eur Court HR, Kurt v. Turkey, párrs. 130-134. 93 Inter-American Court, Case of Velásquez Rodríguez, paras. 170, 166. 94 Idem, para. 166. 128.