100 serious in reason of the considerations indicated in this chapter and in chapter IX on “International Responsibility of the State within the context of the present case.” XI VIOLATION OF ARTICLE 5 (RIGHT TO HUMANE TREATMENT) OF THE AMERICAN CONVENTION IN RELATION TO ARTICLE 1(1) OF THE SAME, AND IN CONNECTION TO ARTICLES 1, 6, AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE Arguments of the Commission 259. Regarding the alleged violation of Article 5 of the Convention, in relation to Article 1(1) of the same, the Commission stated, in synthesis, the following: “Inmates injured during ‘the confrontation’” a) approximately 175 inmates were injured during the operative called “Transfer 1”, due to the shots fired and the explosions caused by the State’s police officers, and to the fall of debris during the confrontation, as well as of the beatings and mistreatments committed by the state agents to the prisoners who surrendered once the assault concluded; b) the State itself, due to its lack of prevention in the entrance of weapons to the criminal center, created a situation in which the need to submit the inmates through the use of force and, therefore, cause them possible injuries to their personal integrity was predictable. Who carried out the first aggression is irrelevant, since even if the prisoners started a riot or fired weapons, there is sufficient evidence that the police used an excessive, unnecessary, unmeasured, and disproportionate force against the inmates, injuring many of them; c) several of the inmates were injured by the shots fired by the police officers while they exited pavilion 4B, after “having surrendered and disarmed;” d) the state did not investigate with the due diligence the injuries produced to the inmates during the confrontation, nor did it punish those responsible. Therefore, it is impossible for the Commission to determine if any of the injuries caused to the inmates were produced with a legitimate, necessary, and proportionate use of public force or in a legitimate defense by any of its agents; e) the analysis made by the Commission in relation to the lack of prevention and the excess in the use of force that caused violations to the right to life, results applicable mutatis mutandi regarding the violation of the right to humane treatment, in accordance with the general obligation of respect and guarantee contemplated in Article 1(1) of the Convention; “Treatment offered to the inmates after taking of pavilions 1A and 4B”