207. First, the Commission observes that up until 2001 there was so regulation whatsoever by the State in relation to safety measures for the divers. The Commission takes note of the information of the State with respect to the adoption, in 2001, of the Regulation for Safety and Occupational Health in Underwater Fishing. Nonetheless, the IACHR does not have information that indicates that it has been effectively implemented. For example, the State did not show that it had incorporated an occupational safety inspector on each vessel registered with the Secretariat of Labor and Social Security.311 The Commission notes that in any event the Regulation mentioned does not contain standards that established measures of inspection or oversight by the State. 208. Second, the Honduran State has not produced any information that shows that it had taken diligent measures to ensure that the vessels on which the 34 accidents occurred that are referred to in the facts proven had adopted the safety measures required before they were granted operating permits. 209. Third, the record does not include any exhibit that indicates that the state authorities performed any inspection or oversight in the zone at any moment of the extended timeframe in which the 34 accidents described in the facts proven took place, to verify that underwater fishing by the companies did not constitute a risk to the life and integrity of the divers who worked on them. This omission is especially serious considering the many contextual elements that show that this problem was widespread and known to the State. 210. Based on what has been said thus far, the Commission observes that at the time of the 34 accidents analyzed in this section, the omission or indifference on the part of the State with respect to the problem that gave rise to those accidents not only constituted an absolute lack of prevention; in view of its special seriousness and the level of abandonment by the State, it can also be understood as a form of tolerance. The Commission emphasizes that the State has recognized that the Mosquitia region is very difficult to access and is characterized by very little state presence. 211. In view of the foregoing, the Commission concludes that the State is responsible for violating the right to humane treatment established at Article 5(1) of the American Convention, in relation to Article 1(1) of the same instrument, to the detriment of the 34 Miskito divers who suffered the accidents analyzed in this point. In addition, in relation to the 12 persons who died moments after the accident, the Commission considers that the State is responsible for violating the right to life established at article 4(1) of the American Convention, in relation to articles 1(1) and 2 of the same instrument. 3.2 On the victims who died and disappeared as a result of a fire 212. The Commission has considered it proven that on March 15, 2000 Miskito divers Hildo Ambrosio Trino, Andrés Miranda Clemente, Lorenzo Leman Bonaparte, Bernardo Julián Trino, José Trino Pérez Nacril, Rómulo Flores Henríquez, and Amilton Bonaparte Clemente were on a fishing vessel that caught fire as the result of the explosion of a butane tank. According to the documentation produced, the remains of Hildo Ambrosio were recovered. To date the whereabouts of the remains of the other six victims are still unknown. 213. The incident is consistent with the context, according to which the vessels used in the underwater fishing for which the Miskito divers were hired were old and the equipment was not subject to periodic checks. In addition, the Office of the Special Prosecutor for Ethnic Groups and Cultural Heritage (Fiscalía Especial de Etnias y Patrimonio Cultural) of Honduras recorded, in a report from 2001, accidents due to the explosion of cylinders or tanks. This was due to the poor condition of that equipment. 214. The Commission understands that the considerations set forth in the previous section on breach of the duty of the State to regulate, oversee, and inspect underwater fishing in the zone by Miskito divers also apply to the analysis of attribution of international responsibility on this point. The Commission further observes that the State failed to adopt any measure to attempt to locate the remains of the six Miskito divers who are disappeared, and that, as analyzed below, no investigation was opened to clarify the facts or determine the corresponding liabilities. 311 Regulation on Occupational Safety and Health in Underwater Fishing. Article 9. 37