14 68. The Inter-American Commission has claimed that Argentina violated Mr. BuenoAlves’ right to humane treatment “as a result of the torture inflicted upon him while he was under the custody of the State.” The alleged victim’s representative raised allegations in the same direction. 69. The State acknowledged the alleged violation of Mr. Bueno-Alves’ right to humane treatment, a circumstance that has been positively assessed by the Court (supra para. 34). Notwithstanding, and without prejudice to the foregoing, the Court considers that certain aspects of such acknowledgement should be analyzed in this chapter. 70. Furthermore, even though the Inter-American Commission and the representative have not expressly alleged a violation of Article 5 of the Convention to the detriment of the alleged victim’s next of kin, they stated that the rights of the victim’s next of kin were impaired and thus, in their opinion, they are entitled to be redressed. The State had the possibility to challenge these allegations, and so it did (infra para. 97). Based on the foregoing and taking into consideration the iura novit curia principle, whereby the Court is authorized to classify the legal relation or situation at stake in a manner other than as established by the parties as long as it is strictly based on the facts of the case, it is relevant to analyze whether in the instant case the right to humane treatment of Mr. BuenoAlves’ next of kin has been violated (infra paras. 96 to 104). A) Regarding Juan Francisco Bueno-Alves 71. On April 8, 1988, in his first statement before the judge who ordered his arrest, Mr. Bueno-Alves declared as follows: [o]n the 6th day of this month [of April] at approximately 1:00, inside the room where he was kept under arrest, in an office referred to as “Anti-kidnapping,” at the Central Police Department where he was kept, the same Police Officer [who arrested him] –whose name, surname, and rank he ignores, but who claimed to be a lawyer and dressed civilian clothes-, hit him with his ‘hollowed’ hand on both ears. Due to these blows, at that moment he felt a discomfort in the right ear, like buzzing; thus he requested to be examined by a doctor. Not only was he beaten by that official, but also by another person who was also wearing civilian clothes and stood behind the deponent and who, as ordered by the Official, hit him with his ‘hollowed’ hands on the right ear. After being beaten in that way, the deponent reacted by saying ‘kill me;” therefore, the Officer made a signal to the other police officer, who put a fire weapon on his right temple. He was also insulted because of his nationality.29 72. On May 4, 1988, Mr. Bueno-Alves supplemented his initial statement and reiterated that he had been beaten “on the ears with a hollowed hand, which caused him pain and buzzing that still persist,” adding that “he had also been beaten on the stomach with the fists, and that the beating only stopped when he said […] he suffered from an ulcer.” Moreover, he alleged that he had been deprived of his medication for the ulcer. Mr. BuenoAlves claimed that “said beating was aimed at having him confess or render testimony against Pérez-Galindo,”30 who had been his attorney until then. 73. Mr. Bueno-Alves later identified René Jesús Derecho31 as the police officer who arrested and mistreated him, and police officer Horacio Soto as a “witness of the aggression 29 Cf. Preliminary examination statement of Juan Francisco Bueno-Alves of April 8, 1988 (record of appendixes to the application, Volume I, Appendix 7, folio 223). 30 Cf. Supplemental statement of Juan Francisco Bueno-Alves of May 4, 1988, before Magistrate’s Court 13 (record of appendixes to the application, Volume I, Appendix 8, folios 364 and 365). 31 Cf. Record of ratification of the statement rendered regarding a line-up on March 14, 1989, before Magistrate’s Court 13 (record of appendixes to the application, Volume I, Appendix 8, folios 509).