22 65. The Commission alleged that the State violated the right to humane treatment established in Articles 5(1) and 5(2) of the American Convention to the detriment of Mr. Escué Zapata, for the circumstances leading to his detention, marked by the violence and the fear, plus the uncertainty over the outcome of said measure. According to the Commission, the victim was tortured while he was under the custody of the agents of the National Army, in a defenseless state, and his body was found with multiple fractures. Furthermore, according to the application, the State has no offered any explanation regarding the allegations on the damage caused to the victim while he was under the custody of its agents. With respect to the victim’s relatives, the Commission considered that their physical and moral integrity have been impaired as a direct consequence of the illegal and arbitrary deprivation of liberty of Mr. Escué Zapata; the disregard of his whereabouts; his final death committed by State agents; the lack of investigations of the events and the subsequent impunity. As a consequence, according to the Commission’s criterion, the victim’s relatives have to be considered, in turn, as victims of the violation of the right to humane treatment established in Articles 5(1) and 5(2) of the American Convention in conjunction with Article 1(1) therein. 66. The representatives cast light on the facts of the case by explaining that, when searched by the militaries, Mr. Escué Zapata was kicked and hit, while the agents were asking where the firearms were and calling him guerrillero. Besides, they pointed out that in the minutes prior to the extrajudicial execution, during the way to the mountains, the victim "suffered the severity of the illegal detention, as an imminent threat of his life and integrity,” and his body was found with apparent signs of torture. In such respect, the representatives observed that the State did not provide a satisfactory and convincing explanation of the events by means of adequate evidentiary elements. As a result, they alleged that the State violated the right to humane treatment to the detriment of Escué Zapata, as established in Article 5(2) of the Convention. As to the relatives, the representatives stated that they witnessed how the members of the National Army illegally assaulted and detained Mr. Escué Zapata. Furthermore, the relatives searched for the truth and justice of the events, without finding any answer on the part of the State. Likewise, the representatives indicated that the relatives had to wait more than 4 years to recover the mortal rests of the victim, once the National General Prosecutor's Office carried out the burial in 2002. According to the representatives, this has generated serious harm to the relatives and to the Community, which has spiritually suffered from the extrajudicial execution of one of its member. As a consequence, the representatives alleged that the State violated the right enshrined in Article 5(1) of the American Convention, in conjunction with Article 1(1) therein, to the detriment of the victim's relatives and the Community. 67. The State confessed that during the detention of Mr. Escué Zapata there was a moment of stress and assault on the part of the militaries against him. Likewise, the State acknowledged its responsibility for the violation of the right established in Article 5 of the Convention, in conjunction with Article 1(1) therein, with respect Mr. Escué Zapata (supra para. 11 and 15), for the maltreatment he suffered and of Article 5 in conjunction with Article 1(1) therein, with respect to the victim's relatives, for the mental and moral harm they could have experienced as a consequence of the detention and death of Mr. Escué Zapata, as well as for the delay in the investigation, prosecution and punishment of the responsible. However, the State denied that the relatives suffered from “the unknown whereabouts of Mr. Escué Zapata” since they found his body and they buried it. 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 lives shall be treated with respect for the inherent dignity of the human person.