the direct responsibility of the State for the arbitrary deprivation of the life of Eduardo Landaeta. The State has not provided a convincing and satisfactory explanation for the events that happened to the minor in its custody to contest this, so that to date it has not disproved the State’s responsibility for these events. 196. Consequently, the Court has verified that Eduardo Landaeta’s life was in danger, and also that the State authorities were aware that he was in real and imminent danger, which materialized in the deprivation of his life. This danger derived from State agents who were members of the unit that was in charge of his custody. In addition, the Court considers that there were a series of contributing factors that constituted a failure by the State to comply with its obligation to respect and to ensure the rights of Eduardo Landaeta, namely: the said problem of police abuse at that time; the threats that have been indicated; the immediacy of the death of his brother Igmar Landaeta, which could be attributed to agents from the same police unit; his unlawful and arbitrary detention as previously described; the absence of special protection due to his condition as a minor, as well as to the danger in which he found himself, being transferred twice without being subject to judicial control or brought before an authority with jurisdiction for juveniles for a prolonged lapse of time; the lack of protection against the agents involved, the non-compliance with their custody duties, as well as all the evidence that permits the direct responsibility of the agents who transferred him to be inferred. Consequently, the Court finds that the State was responsible for the arbitrary deprivation of life of Eduardo Landaeta, in non-compliance with its obligation to respect and to ensure the right to life of individuals in its custody established in Article 4 of the American Convention, in relation to Articles 1(1) and 19 of this instrument. B.3 Right to humane treatment in relation to the rights of the child and the obligation of guarantee in relation to the alleged acts of torture 197. The representatives and the Commission alleged that, according to the autopsy report, Eduardo Landaeta’s body had, in addition to bullet wounds, other injuries that suggested prima facie that the victim had been subjected to torture or other cruel treatment. 198. Regarding the right to humane treatment, the Court has indicated that the State is responsible, in its capacity as guarantor of the rights recognized in the Convention, for respecting the right to humane treatment of every person in its custody. Thus, the Court reiterates that, since it is responsible for detention and confinement establishments, the State has the obligation to safeguard the health and well-being of those deprived of liberty, and to ensure that the manner and method of deprivation of liberty does not exceed the inevitable level of suffering inherent in detention. 232 In addition, the Court has indicated in its case law that whenever a person, who is in normal health, is deprived of liberty and later appears with health problems, the State must provide a satisfactory and convincing explanation of that situation 233 and disprove the allegations of its responsibility, with adequate probative elements. 234 In specific circumstances, “the absence of such an explanation [may lead] to the presumption of State responsibility for the injuries revealed by a person who has been in the custody of State agents.” 235 232 Cf. Case of the “Juvenile Re-education Institute” v. Paraguay, supra, para. 159, and Case of Mendoza et al. v. Argentina, supra, para. 202. 233 Cf. Case of Juan Humberto Sánchez v. Honduras, supra, para. 100, and Case of Mendoza et al. v. Argentina, supra, para. 203. 234 Cf. Case of Juan Humberto Sánchez v. Honduras, supra, para. 111, and Case of Mendoza et al. v. Argentine, supra, para. 203. 235 Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, supra, paras. 95 and 17, and Case of Mendoza et al. v. Argentina, supra, para. 203. 51