70 f) the serious physical harm suffered by Daniel Tibi while he was detained constituted a violation of Article 5(1) of the American Convention and caused him sufficiently intense suffering as regards the purpose of Article 5(2) of the Convention; g) Under the international standards that apply to abuse under custody, the State has the burden of proof, and must therefore explain how Mr. Tibi suffered a number of injuries and physical damage while he was in custody. While Ecuador denies its responsibility, it has offered no explanation of these injuries. The State did not respond with due diligence to the torture inflicted on Daniel Tibi and those responsible are –to date- in a situation of impunity; h) Daniel Tibi was subjected to the torture described, in addition to what it meant to spend two years and three months in a prison that did not have the minimum requirements for decent treatment of the inmates; and i) the obligation to investigate claims of torture and to punish those responsible is especially important when a person is deprived of his or her liberty and, therefore, is in a vulnerable situation vis-à-vis his guards. Therefore, when a person claims that he or she has been injured by mistreatment while under detention, the State is under the obligation to provide a complete and sufficient explanation of how the injuries took place. Pleadings of the representatives of the alleged victim and his next of kin 140. The representatives of the alleged victim and his next of kin argued: In regards to Daniel Tibi’s right to humane treatment, that: a) assessment of the violation of Mr. Tibi’s right to humane treatment must take into account the alleged victim’s desperation due to total loss of control of his fate, the uncertainty of not knowing why, being innocent, he must remain locked up and far from his family, the unbearable conditions of the “quarantine,” the constant threat against himself and his family, the stress that he suffered, the aggressions by agents of the State, lack of medical care, the anguish of exposing his spouse and newborn daughter to the unhealthy prison environment, the fights and threats by other inmates, the indifference of the prison directors and guards, constant extortion, punishment cells, the anxiety of seeing how what had been built through so many years of work was being spent on his defense expenses, among other problems. All these facts have caused Daniel Tibi deep physical and psychological harm that continues to date, and for which the State is responsible; b) the American Convention prohibits torture and physical mistreatment (Article 5). Prohibition of torture and of cruel, inhumane, and degrading treatment has been recognized […] as an overriding provision of general international law, [which] is binding for all States, whether or not they are parties to treaties that contain said prohibition;”