41 159. Article 5(2) of the American Convention stipulates that [n]o 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. 160. The Court considers that, based on the evidence in the proceedings, it has not been shown that the treatment received by Gustavo Cesti Hurtado during his detention has been inadequate. The Commission’s allegation that the State violated his rights as established in Article 5(2) of the Convention must therefore be rejected. XIII VIOLATION OF ARTICLES 1 AND 2 161. The Commission included in its application a declaration on the rights protected by Articles 5.1, 2 and 3, 7.1, 2, 3 and 6, 8.1 and 2, 11, 17, 21, 25.1 and 2.a and c and 51.2 of the Convention and stated that this protection was afforded “in harmony with Articles 1 and 2 of the said instrument. 162. Peru qualified this statement as a “generic accusation”, and, in this regard, alleged that “by being a signatory of the Convention, it complies with all its provisions”. It added that the Court “on repeated occasions… through the various judgments in cases instituted [against Peru] has attacked its sovereignty” and that this application would invalidate the system of laws of the Peruvian State and be an attempt to destabilize institutions that were constitutionally valid; and that although it is certain that human rights, as they are conceived, do not fall exclusively within the domestic jurisdiction of States, since they may be dealt with by a supranational jurisdiction, it is also true that the abuse of this right may even interfere in or tend to affect the legal capacity of the State. Consequently, this generic accusation [of the violation of the obligation of States Parties to respect the provisions of the Convention] has no real or objective support. 163. In its final arguments, the Commission stated that those who should enjoy the fundamental rights are the people and the State is obliged to recognize and ensure these rights. These rights are only the manifestation, in daily life, of the intrinsic freedom of each human being. If the domestic system of laws does not provide a sufficient guarantee for the rights protected by the Convention, then there is a breach of the Convention, which establishes provisions that may be broadened but not restricted. 164. In its final arguments, the State declared that it has not failed to respect the international rules of the American Convention. “[T]he State is certain that there has not been a breach or a failure in its international obligation since, in this case, the jurisdictional dispute was not aired before the competent authority, and the competent authority to hear matters relating to habeas corpus and arbitrary detentions was the Supreme Court and not a Public Law Chamber”. 165. Articles 1 and 2 invoked by the Commission are as follows: Article 1. Obligation to Respect Rights 1. The States [P]arties to this Convention undertake to respect the rights and liberties recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and liberties, without any discrimination for reasons