26 the delay of 4 years, as from the burial of the rests for the purpose of investigation until its return, has also provoked an emotional detriment to the next of kin. 80. Based on the foregoing considerations and in view of the confession made by the State, the Tribunal considers that the victim's relatives mentioned in paragraph 78 of these Judgment, are victims of the violation of Article 5(1) of the American Convention, in conjunction with Article 1(1) therein. c) With respect to the Community 81. The Court will not analyze the facts exposed by the representatives as a violation of the right to humane treatment committed against the members of the Paez Indigenous Community since they will not be considered victims in the complaint of the Inter-American Commission. VIII 91 ARTICLE 7 (RIGHT TO PERSONAL LIBERTY) IN CONJUNCTION WITH ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) OF THE AMERICAN CONVENTION 82. The Commission pointed out that Mr. Escué Zapata was illegally deprived of this liberty and that, at the moment of his detention, did not receive any explanation about the reason why such measure was adopted nor the rights he had. According to the Commission, the arbitrariness of said deprivation of liberty was aggravated by the modus operandi of the Army agents, which acted with evident abuse of power and in an unreasonable, unforeseeable and out of proportion manner, since the victim was defenseless and unarmed. The detention of Mr. Escué Zapata, according to the complaint, was not carried out with the purpose of taking him before a judge or other authority to decide over the legality of the measure. Besides, the State, allegedly, did not offer to the victim a fast and effective remedy that would allow it to define the legality of the victim’s detention and, furthermore, it deprived him of his liberty without any type of institutional control. Based on the foregoing considerations, the Commission alleged that the State violated the right to personal liberty enshrined in Articles 7(2), 7(3), 7(4), 7(5) and 7(6) of the American Convention, in conjunction with Article 1(1) therein, to the detriment of Mr. Escué Zapata. 83. The representatives reiterated the arguments submitted by the Commission, alleging, inter alia, that the alleged victim was illegally detained in view of the fact that there was no arrest warrant, that the detainee was not publicly requested and that there was no crime detected in the act. The alleged crime committed in the act, that is, the alleged possession of firearms, according to the representatives, has not been proved in the criminal proceedings, so they conclude that there was no reason to justice the victim’s deprivation of liberty. 84. Furthermore, the State affirmed that Mr. Escué Zapata was detained after the members of the Army found a home-made grenade in his home. Nevertheless, the State acknowledged its international responsibility for the violation of the right to personal liberty as established in Article 7 of the American Convention, in conjunction with Article 91 Article 7 of the Convention, in its pertinent part, provides for: 1. Every person has the right to personal liberty and security 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.