22 determines the impossibility [that] the same affiliated person issues judgment again, because it only adjusted to previous criteria". Likewise, it stated how in Neira Alegría Case, "There was not an individual analysis of how allegedly human rights were violated by those responsible for opening said case". It added that "the InterAmerican Commission in the present case [has] stopped being a local impartial, objective and deliberating instance; thus the Inter-American Court, when assessing this omission, has also stopped being an impartial, objective, controversy, and judging instance." Consequently, the Court when stating the merits of this case, would be violating the principle non bis in idem. 61. The Court considers that this issue has been solved in the judgment about the preliminary objections issued on May 18, 1999, which is definitive and unappealable, so it underestimates the argument. X VIOLATION OF ARTICLE 4(1) RIGHT TO LIFE 62. Regarding the violation of Article 4(1) of the Convention, the Commission stated that: a) Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera were detained at El Frontón prison on June 18, 1986 after the riot was subdued, as stated in the list submitted by the President of the Penitentiary National Council to the Instructional Judge of the 21st Court of Lima. This can be confirmed in the list handed by the Head of Identification of the Penal to the 2nd Permanent Instruction Court of the Navy and in the testimony of relatives and attorneys; b) after subduing the riots, Durand Ugarte and Ugarte Rivera were not under control of authorities, and their names did not appear in the list of survivors, so one can presume that as a result of the bombings at the prison and under what was established in the autopsies done to the non-identified bodies, said persons died as a result of the crushing. c) "even though the State had the right and duty to subdue the riot, its suffocation was carried out by a disproportionate use of force [… making] the State responsible for the arbitrary life privation of those persons who died because of demolition of San Juan Bautista prison and, in particular, due to the violation of the right to life to the detriment of Nolberto Durand Ugarte and Gabriel [Pablo] Ugarte Rivera"; d) there was a Navy decision of Peru and of the police forces to deal "in any possible way" with the riots and the rioters. The kind of the military attack used against the Blue Pavilion of El Frontón was absolutely out of proportion in relation to the danger caused by the riots; therefore; its demolition was ordered being aware that maybe some inmates had surrendered, been wounded, or hidden in the building; and e) violations of the right to life by the members of the Peruvian Navy against the inmates which were at El Frontón, took place in three different