9 devices plugged into the system, which overloaded it, whereupon it overheated and caught fire; the fire spread rapidly and claimed the lives of 107 persons. However, the State denies that any inmate was shot to death; based on the autopsy reports, none of the deceased died of a bullet wound; the shell casings found were from the shots fired off to alert the entire prison population to the fact that the cellblock was on fire. (c) The State reports that the person who was Director of the San Pedro Sula prison at the time of the events was prosecuted, but was not found guilty of any crime. The State also asserts that the investigations into the fire did not stop with prosecution of the former director of the prison and may continue with respect to other persons who may bear responsibility for what happened. It alleges that investigations of this type are complex, which means that they may take considerable time, even years. The State contends that no matter what, it is the obligation of the petitioners to show how the investigations are deficient and how the case has been affected by the pace of the investigations. (d) Specifically addressing the petitioners’ claims that certain pieces of evidence were destroyed, the State argued that certain pieces of evidence or clues were thrown out in accordance with the legal procedure set forth in the Code of Criminal Procedure (Decree No. 9-99-E) and the Rules on the Handling of Clues and Evidence. (e) The State flatly denies any violation of Article 4 of the Convention. As for the alleged violation of Article 5, the State asserts that efforts have been made to correct the conditions of incarceration. The State contends that conditions in the prisons are due to the shortage of human and material resources that the country is experiencing; it argues that those conditions are in no way attributable to a state policy of torture or cruel, inhuman or degrading treatment of persons deprived of their liberty. IV. PROVEN FACTS A. The fire in Cellblock 19 and the authorities’ response 27. The fire in Cellblock 19 of the San Pedro Sula Prison broke out between 1:30 and 2:00 a.m. in the early morning hours of May 17, 2004, and started in the upper left portion of the interior side of the entrance to the cellblock. At the time of the fire, the cellblock had an inmate population of 183 supposed members of the Mara Salvatrucha (MS-13). At 1:55 a.m. the Director of the prison called the Fire Department and National Police Headquarters, asking for assistance. While he did so, the guards on duty went in search of the warden who had the keys to the cells. At 2:05 a.m., the warden opened the locks to the first and second gates to Cellblock 19. Minutes later the fire department arrived. 6 28. The record of the court case also contains the sworn testimony given by the inmates who survived the fire. The Commission observes that the majority of these statements are essentially in agreement on three critical points: 7 (a) when the prison guards learned of the fire they 6 Original petition received on July 14, 2005, pp. 16 and 17; Annex 12. Case 1009/04. Folio 1451 and 1452: Record of the Initial Hearing. The petitioners’ observations on the merits, dated April 10, 2009. Annex 20. CD with the record of the domestic court proceedings in the case and testimony. Case 1009/04. Volume I. Folios 4 and 5: Bill of Indictment. 7 The petitioners’ observations on the merits, dated April 10, 2009. Annex 20. CD with the record of the domestic court proceedings in the case and testimony. Case 1009/04. Volume I. Statements of: Allan Javier Bonilla (folios 202-203);