26 b) it is fully proven that Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera were at El Fronton prison on the day of the events, because their names appeared in the official list of the prison and their relatives had visited them; c) Mrs. Virginia Ugarte Rivera filed on June 26, 1986 an habeas corpus recourse on behalf of her son and brother. Said recourse was the object of several petitions and concluded on October 28, of 1986 when the Court of Constitutional Guarantees stated as inalterable the decision of the Supreme Court of Justice which had sustained the unlawfulness of the habeas corpus; d) their relatives lost communication with Durand Ugarte and Ugarte Rivera starting from the participation of Navy forces and to this date their whereabouts is unknown; therefore, they have disappeared. It was added that there was no possibility of escape; and e) in the final arguments the forced disappearance (which includes mistreatment, humiliation, and torture suffered by the detainees) is related to the violation of the right to humane treatment. According to above mentioned it is relevant to state that the forced disappearance of Durand Ugarte and Ugarte Rivera, by State agents, violates Article 5(2) of the Inter-American Convention. 74. The State did not explicitly refer to Article 5(2) of the Convention, but mentioned that under all circumstances life and physical integrity of the inmates who surrendered during and after the riots were respected. * 75. * * Article 5 of the Inter-American Convention, states that: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 76. The Court considers that the fact that the violation of Article 5(2) of the Convention was not discussed in the application brief of the Commission does not prevent if from being examined by the Tribunal, according to the general principle of iura novit curia right, "used repeatedly by the international jurisdiction in the sense that a judge is entitled and even has the obligation to implement the corresponding legal dispositions in a proceeding, even when the parties are not explicitly invoked”. 39 77. As stated, the Commission asked the Court to declare that forced disappearance of Durand Ugarte and Ugarte Rivera by the Peruvian State agents also produced the violation of Article 5(2) of the Convention. This Court observes that effectively Durand Ugarte and Ugarte Rivera were imprisoned in the Blue Pavilion in 39 cf. Castillo Petruzzi et al Case, supra note 8, para. 166; Blake Case, supra note 10. para. 112; Godínez Cruz Case, supra note 9, para. 172; and Velázquez Rodríguez Case, supra note 9, para. 163.