42 these arguments were not disputed by the State, in view of which the Commission found the State responsible for having breached Article 5 of the Convention. Pleadings of the representative of the alleged victims and their next of kin 102. The representative of the alleged victims and their next of kin asked the Court to find that the State has violated the right to humane treatment set forth in Article 5 of the American Convention, in addition to Articles 1, 6, 8 and 9 of the InterAmerican Convention against Torture, to the detriment of Emilio Moisés Gómez Paquiyauri and Rafael Samuel Gómez, because: a) the Gómez Paquiyauri brothers were not only put into the trunk of a vehicle when they were detained, but they were also physically and psychologically tortured before being executed; for example, they were beaten, forced to kneel and forced against the ground, while a policeman stepped on their backs, among other things; b) the Peruvian State failed in its duty to prevent and punish torture, which was never part of the domestic investigations; and c) at the time the acts were committed, the State had not complied with defining the crime of torture in its domestic legislation, and therefore there was no legal provision to compensate torture victims. Pleadings of the State 103. Regarding to Article 5 of the American Convention and Articles 1,6 and 8 of the Inter-American Convention against Torture, the State pointed out that “it condemns all types of aggression within its territory against citizens’ right to humane treatment, and therefore in the case of the Gómez Paquiyauri brothers, the Peruvian courts have punished those responsible of [the] crime [of violation of the right to humane treatment], through due process.” In its brief with final pleadings, the State also argued that in the instant case “there was no crime of torture because at the time of the trial[,] these facts were not defined as such, […] even though the InterAmerican Convention to [P]revent and [P]unish [T]orture was in force.” In this regard, the State argued that what took place were “dishonorable acts” that involved “placing the detainees in the trunk of a patrol car for lack of shackles.” Considerations of the Court 104. Article 5 of the American Convention sets forth 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 regarding for the inherent dignity of the human person. […] 105. The Inter-American Convention against Torture provides that: Article 1