55 a) Regarding the violation of the right to life: i. the State failed to comply with its duty to preserve and protect the life of Mr. Damião Ximenes-Lopes, as it did not adopt the necessary measures to prevent his death, nor did it control or supervise the operation of the Casa de Reposo Guararapes, and ii. the failure to conduct a serious and effective investigation about the facts and to punish the persons liable for the death of the alleged victim is a violation by the State of its duty to guarantee the right to life. b) Regarding the violation of the right to humane treatment, Mr. Damião Ximenes-Lopes was subjected to cruel, inhuman, and degrading treatment at the Casa de Reposo Guararapes. Violence against Mr. Ximenes-Lopes was inflicted by the persons who were in charge of his custody, and who were expected to take care of him, and preserve his health and personal integrity. The hospitalization conditions and the care given by such institution authorized by Brazil Single Health System (SUS) constituted in and of themselves an offense to the right to humane treatment. c) Regarding acquiescence, the representatives pointed out that the State has violated four duties thereof concerning the patients admitted to the Casa de Reposo Guararapes: a) to prevent non-natural harm; b) to investigate the operating conditions of such mental health institution and to keep itself informed about them; c) to monitor and control the conduct of State officials, and d) not to cause, either as a result of willful or negligent acts, the death of the patients who were in its custody. Arguments of the State 115. The State claimed, inter alia, that it acknowledges its international liability for the violation of Articles 4 and 5 of the American Convention, as a proof of its commitment with the protection of human rights. Considerations of the Court 116. Article 1(1) of the American Convention provides that: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 117. Subparagraph 1 of Article 4 of the American Convention provides that: [e]very person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.