59 cruel, inhuman or degrading treatment in the terms of Article 5(2) of the American Convention.”109 198. The terms of confinement that the military tribunals imposed upon the victims with enforcement of Article 20 of Decree-Law No. 25,475 and Article 3 of Decree-Law No. 25,744, constituted cruel, inhuman and degrading forms of punishment that violated Article 5 of the American Convention. Evidence supplied by the parties showed that in practice, some of the conditions, such as the solitary confinement, changed at a given point in time. The fact that a change eventually came about does not alter the Court’s finding. 199. The Court therefore finds that the State violated Article 5 of the Convention. XIV VIOLATION OF ARTICLES 1(1) AND 2 OF THE CONVENTION 200. Article 1(1) of the 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. 201. Article 2 states the following: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 202. 109. Arguments of the Commission: a) under the 1992 Statute of the National Emergency and Reconstruction Government, the executive branch was given the power to govern, if it so chose, through Decree-Laws issued by the President. Under this system, norms were introduced to regulate how courts should prosecute terrorism-related crimes. Among these laws were DecreeLaws Nos. 25,475 and 25,659, which instituted “procedures manifestly incompatible with […] the fundamental rights guaranteed by the American Convention on Human Rights and the Universal Declaration.” The repressive and emergency legislation put into force in Peru “is itself a violation and breach of the American Convention”; b) the State has violated Article 1(1) of the Convention by its failure to comply with its obligation to respect the rights and guarantees protected under the Convention and to ensure their free and full exercise; Loayza Tamayo Case, supra note 4, paras. 57-58.