77 deficient medical care received by the alleged victim constitutes a violation of Article 5 of the American Convention. 158. On the other hand, the representatives of the alleged victim and his next of kin argued that the State had breached, to Tibi’s detriment, Article 5(4) of the American Convention, which establishes that, “save in exceptional circumstances,” unconvicted persons shall be segregated from convicted prisoners, and shall receive adequate treatment according to their status as such. In the instant case, it has been proven (supra para. 90)(49)) that there was no system to classify the detainees at the penitentiary where Mr. Tibi was incarcerated, and that for this reason he had to be with convicted inmates and was exposed to greater violence. The Court deems that the lack of segregation of the inmates that has been described constitutes a violation of Article 5(4) of the American Convention. 159. It is the understanding of the Court that, in light of the general obligation of the States party to respect and ensure the rights of all persons under their jurisdiction, contained in Article 1(1) of the American Convention, the State has the duty to immediately and ex officio begin an effective investigation to identify, try, and punish those responsible, when there is a complaint or there are grounds to believe that an act of torture has been committed in violation of Article 5 of the American Convention. In the instant case, the Court notes that the State did not act in accordance with these provisions. Daniel Tibi suffered serious injuries while he was detained at the Penitenciaría del Litoral, and this should have been sufficient reason for the competent authorities to begin, upon their own initiative, an investigation of what happened to him. This action is also specifically set forth in Articles 1, 6 and 8 of the Inter-American Convention against Torture, which place the States Party under the obligation to take such effective measures as may be necessary to prevent and punish all acts of torture under their jurisdiction.158 Since said Inter-American Convention against Torture entered into force in Ecuador (December 9, 1999), the State is demandable regarding compliance with the obligations set forth in that treaty. It has been proven that, in the period since that date, the State has not investigated, tired, or punished those responsible for the tortures suffered by the alleged victim. Therefore, the Court deems that this conduct constitutes a violation of Article 5 of the American Convention, in combination with Article 1(1) of this same Convention, as well as non-compliance with the obligations set forth in Articles 1, 6 and 8 of the Inter-American Convention against Torture. 160. This Court notes that the right to humane treatment of Beatrice Baruet, of her daughters Sarah y Jeanne Camila Vachon, of Lisianne Judith Tibi, her and Mr. Tibi’s daughter, and of Valerian Edouard Tibi, Mr. Tibi’s son, suffered detriment as a consequence of the unlawful and arbitrary detention, lack of due process, and torture suffered by the alleged victim. This detriment consisted, among other things, of the anguish caused by not knowing the whereabouts of the alleged victim immediately after his detention, and the feeling of powerlessness and insecurity due to negligence of the State authorities to make Mr. Tibi’s unlawful and arbitrary detention cease, as well as their fear for the life of the alleged victim. 161. In the sub judice case, it has been proven that the members of Daniel Tibi’s household were affected by numerous circumstances, such as: constant trips made by Mrs. Baruet, sometimes with her daughters, more than six hundred miles from 158 See Case of Maritza Urrutia, supra note 8, para. 95.