33 e) Gladys Benavides-de-Cantoral, Luis Alberto Cantoral-Benavides’ mother, suffered cruel, inhumane and degrading treatment from the Peruvian authorities, and alluded to the “pain, humiliation, helplessness, uncertainty and frustration she felt as a result of the deceit and mistreatment” she was subjected to when she asked about her detained sons and when she visited them in jail. She also stated that Luis Fernando Cantoral-Benavides, Luis Alberto Cantoral-Benavides’ brother, was also subjected to torture and cruel, inhuman and degrading treatment by the Peruvian authorities. As a consequence, the Commission asked the Court to declare that Article 5(1) and 5(2) of the Convention, as they relate to Article 1(1) of same, had been violated to the detriment of Mrs. Benavides-de-Cantoral and Mr. Luis Fernando Cantoral-Benavides. 79. For its part, the State alleged that: a) when the facts occurred, the Department of Lima and the Province of Callao were under a state of emergency, as per Article 231.a) of the Peruvian Constitution of 1979, in force at the time. The aforementioned article stated that once a state of emergency had been declared, constitutional guarantees could be suspended; b) police authorities did not engage in torture or coercion to the detriment of Mr. Cantoral-Benavides. Since such illegal actions did not take place “it is unlikely that “proof” to the contrary could exist.” According to the State, this affirmation is corroborated by medical certificate No. 5313-L, of February 8, 1993, and by the statement of the accused himself, given in the presence of his lawyer, Washington Durán-Abarca, and a representative of the Office of the Public Prosecutor, neither of which reveal facts that could have affected Mr. Cantoral-Benavides’ physical well-being; c) the statement given by Mr. Cantoral-Benavides on May 5, 1993, in the holding cells of the Palace of Justice of Lime lacks all validity, since it was not taken in compliance with legal requirements; d) from the time of his detention, Mr. Cantoral-Benavides had access to a representative of the Office of the Public Prosecutor and his defense lawyer, who neither filed complaints nor denounced his mistreatment, a fact corroborated by the certifications of his perfect “mental and psychological” state; and e) therefore, the State had not violated Article 5 of the Convention. * 80. * * Article 5 of the American Convention states, in numerals 1 and 2, 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 with respect for the inherent dignity of the human person.