53 251. The Commission will now examine the parties’ arguments regarding the death of Ricardo David Videla Fernández and the investigations instituted on the occasion of his death, in the following order: i) General observations on the right to life, the right to humane treatment and the State’s obligations vis-à-vis persons in its custody; ii) analysis of Ricardo David Videla Fernández’ situation prior to his death and the circumstances surrounding his death; and iii) analysis of whether the investigations constituted an effective recourse. 1. General observations on the right to life, the right to humane treatment and the State’s obligations vis-à-vis persons in its custody 252. Convention: The Commission has observed the following with respect to Article 5 of the American Among the fundamental principles upon which the American Convention is grounded is the recognition that the rights and freedoms it protects are derived from the attributes of their human personality. From this principle flows the basic requirement underlying the Convention as a whole, and Article 5 in particular, that individuals be treated with dignity and respect. Accordingly, Article 5(1) guarantees to each person the right to have his or her physical, mental, and moral integrity respected, and Article 5(2) requires all persons deprived of their liberty to be treated with respect for the inherent dignity of the human person. These guarantees presuppose that persons protected under the Convention will be regarded and treated as individual human beings, particularly in circumstances in which a State Party proposes to limit or restrict the most basic rights and freedoms of an individual, such as the right to liberty. In the Commission’s view, consideration of respect for the inherent dignity and value of individuals is especially crucial in determining whether 165 a person should be deprived of his or her life. 253. The Inter-American Court, for its part, has held that “[t]he State has the duty to provide 166 detainees with […] [medical] care and adequate treatment whenever necessary.” Therefore, persons 167 deprived of their liberty are under the control of State authorities and are especially human beings. 254. The Inter-American Court has also written that injuries, hardships, health problems or other harm that a person suffers while deprived of his/her liberty may amount to a form of cruel punishment if his/her physical, mental and moral state deteriorates because of the detention conditions that are strictly 168 prohibited under Article 5(2) of the Convention. 255. The Commission has written that the States’ obligation to respect the physical integrity of persons deprived of liberty, to refrain from using cruel and inhuman treatment and to respect the dignity of the human person, means that persons deprived of liberty must be guaranteed access to proper medical 169 attention. 256. As for the right to life, time and time again the Inter-American Court has held that the right to life is fundamental human right and that full enjoyment of that right is a prerequisite for the enjoyment of 170 all other human rights. The Inter-American Court has held that this implies that States have both the 165 IACHR, Report No. 38/00 of April 13, 2000, Case 11.743, Baptiste (Grenada), para. 89. 166 I/A Court H.R., Case of Montero Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006. Series C No. 150, paragraphs 102 and 103; Case of De la Cruz Flores. Judgment of November 18, 2004. Series C No. 115, para. 132; and Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 157. 167 See also, U.N. Doc. HRI/GEN/1/Rev.7 at 176 (1992), Human Rights Committee, General Comment 21, para. 3; European Court of Human Rights, Case of Dzieciak v. Poland, Application no. 77766/01, Judgment of December 9, 2008; European Court of Human Rights, Case of Slimani v. France, Application no. 57671/00, Judgment of 27 July, 2004, para. 28. 168 I/A Court H.R., Case of Lori Berenson Mejía. Judgment of November 25, 2004. Series C No. 119, para. 101. 169 IACHR. Application filed with the Inter-American Court of Human Rights. Case 11.535. Pedro Miguel Vera Vera. Ecuador. February 24, 2010, para. 42. 170 I/A Court H.R. Case of Zambrano Vélez et al. v. Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, para. 78; I/A Court H.R., Case of the “Street Children” (Villagrán Morales et al.). Judgment of November 19, 1999. Series C No. 63, para. 144.