112. Based on the above, and because: (i) the expert evidence indicates that the bullet that Mr. Ruiz Fuentes received in his right eye was fired from a short distance; (ii) the members of the PNC Antikidnapping Command arrived at the scene of the crime shortly after Mr. Ruiz Fuentes’ death; (iii) the crime scene was altered; (iv) of the contradictory versions provided by the State in the domestic sphere, and before the Commission and this Court, and (v) of the version of the facts resulting from the investigations conducted by the FECI, the state organ responsible for the criminal investigation into the death of Mr. Ruiz Fuentes, the Court considers that state agents were responsible for the death of Mr. Ruiz Fuentes. 113. Consequently, the Guatemalan State is internationally responsible for this death in violation of the right to life, pursuant to Article 4(1) of the American Convention in relation to the provisions of Article 1(1) of this instrument. 114. Finally, the Court indicates that the representatives’ arguments concerning the violation of Article 4 of the American Convention, as well as Article 1(1) of this instrument, because the State had not investigated the facts related to the death of Mr. Ruiz Fuentes seriously and effectively, will be examined infra, in light of the treaty-based obligations arising from Articles 8 and 25 of the American Convention (Chapter VIII-4). VIII-3 RIGHT TO PERSONAL INTEGRITY, AND PROHIBITION OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT 145 A. Arguments of the parties and of the Commission 115. The Commission argued, first, that Mr. Ruiz Fuentes’ right to personal integrity was violated during the time he was kept on “death row.” The Commission clarified that Mr. Ruiz Fuentes had “remained there awaiting his execution for more than 6 years and 5 months,” which constituted cruel, inhuman and degrading treatment. The Commission concluded that the Guatemalan State had violated Article 5(1) and (2) of the American Convention, in relation to Article 1(1) of this instrument, as well as Articles 1 and 6 of the ICPPT. In its final written observations, the Commission noted that, even though the State had argued in its answering brief that Mr. Ruiz Fuentes’ death sentence had been commuted, it failed to indicate the date on which this occurred or to provide any documentary evidence to support this assertion. 116. Second, the Commission argued that Mr. Ruiz Fuentes had been subjected to acts of torture by police officers at the time of his arrest on August 6, 1997. The Commission considered that, based on the medical reports provided as evidence, and on the statement made by Mr. Ruiz Fuentes on April 29, 1999,146 it is evident that he was injured in the context of his arrest. Mr. Ruiz Fuentes was in the State’s custody; therefore, the standard was applicable of the State’s obligation to provide a credible explanation of the sources of the violations of personal integrity. 117. Regarding Mr. Ruiz Fuentes being kept on death row and the alleged acts of torture, the representatives agreed with the Commission’s arguments. 118. In relation to Mr. Ruiz Fuentes being kept on death row, the State argued that the death sentence had been commuted to the maximum term of imprisonment. Article 5 of the American Convention and Articles 1 and 6 of the Inter-American Convention to Prevent and Punish Torture (ICPPT). 146 Cf. Statement made by Mr. Ruiz Fuentes before the Eighth Trial Judge for Drug-trafficking and Environmental Crimes on April 29, 1998 (evidence file, folios 8 to 13). 145 29