34 among other matters, the prevention and investigation of acts that violate physical integrity. 140. In the instant case, the Court has declared that, owing to the failure to investigate and punish the facts that violated the personal integrity of Saúl Cantoral-Huamaní and Consuelo García-Santa Cruz, there has been a violation of the rights established in Articles 8 and 25 of the American Convention, in relation, among others, to Article 5 thereof, read in conjunction with Article 1(1) of the Convention, to the detriment of their next of kin. Furthermore, bearing in mind that the obligation to guarantee the right embodied in Article 5(1) of the Convention imposes on the State the obligation to investigate possible acts of torture and other cruel inhuman or degrading treatment,99 the Court has declared the violation, among others, of the right established in Article 5, in relation to Article 1(1) of the American Convention. Based on the foregoing, the Court does not find it necessary to make an additional ruling on whether the same facts could constitute non-compliance with the Inter-American Convention to Prevent and Punish Torture. X VIOLATION OF ARTICLE 16 (FREEDOM OF ASSOCIATION)100 IN RELATION TO ARTICLE 1(1) OF THE AMERICAN CONVENTION 141. The Commission stated that “the union activities that Saul Cantoral-Huamaní and Consuelo Trinidad Gracía-Santa Cruz carried out in a legal, peaceful and committed manner resulted in their extrajudicial execution and violated their right to freedom of association as well as that of the working sector or collectivity of Peru.” The representatives were in substantial agreement with the Commission and, regarding Consuelo Trinidad Gracía-Santa Cruz, indicated that, owing to her work in favor of the wives of the mining workers, she had been “involved in the work of the mineworkers federation, so that her death was not a chance occurrence, but was linked to her work through her association.” The State indicated that the facts mentioned and “the limited investigations” did not allow the Commission’s allegations to be “confirmed or refuted.” The State also indicated that the evidence submitted was “stronger in relation to Mr. […] Cantoral-Huamaní than in the case of Consuelo Trinidad Santa Cruz.” 142. As mentioned above (supra paras. 51, 54 to 66), Saul Cantoral-Huamaní was an important mining leader. As a trade union leader, he promoted and led the national mining strikes at the time of the facts. Owing to his leading role in relation to the miners’ demands, he was kidnapped and subjected to constant threats. This harassment occurred in a context of trade union violence. 143. Consuelo Trinidad García-Santa Cruz was a founding member of the “Filomena Tomaira Pacsi” Women’s Center, an association created in 1985, devoted to providing training and advisory services to the wives’ committees in the country’s mining camps, and to taking care of the needs of the mining families. The exercise of the right to freedom of 99 Cf. Case of Bueno-Alves v. Argentina, supra note 8, para. 88; Case of the Miguel Castro-Castro Prison v. Peru, supra note 6, para. 344; and Case of Vargas-Areco v. Paraguay, supra note 6, para. 78. 100 Article 16 of the Convention stipulates: 1. Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes. 2. The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedoms of others. 3. The provisions of this article do not bar the imposition of legal restrictions, including even deprivation of the exercise of the right of association, on members of the armed forces and the police.