23 ways: as a consequence of the disproportionate means used to re-establish the order at the prison; due to summary executions by members of the Navy of the Peru, after surrendering, and through the demolition of the prison´s Blue Pavilion. 63. The State stated that: a) the Commission, in all alleged arguments, only offers insufficient statements and seeks to transfer to the State the burden of proof to impair allegations lacking evidence content; b) the riots subduing was performed by the Navy of Peru, and it was implemented in different stages, bearing in mind that once the peaceful preservation methods were exhausted, it was needed to gradually reduce the distribution space of the prison, to the extent of keeping inmates in a tractable and reduced space, [...] The purpose was to have them (all of them) repressed but mainly alive and scared. There was never disproportion of means employed, but an execution of a preconceived scheme to subdue the riots demanding weapons and members of the Navy. Operations were implemented within the legal and conventional framework that empowers every State to defend the principle of authority and security of its citizens; c) the existence of 28 safe and sound inmates after the riots’ crushing operations and the fact that on the following days five inmates showed up from the debris, who were helped and later on imprisoned at the penitentiary center "Castro Castro," ratifies the argument that under all circumstances the life and physical integrity of inmates who surrendered during and after the subduing were respected.; and d) the accusation stating that riot subduing entailed an evident disproportion between the danger it supposed and the actions taken to subdue it, proves to be false due to the following reasons: the struggle against subversion, during those years was waged at different levels, being a clash between elements enforcing authorities and terrorists the most ostensible; citizens were experiencing stressing times, terrorist leaders showed an "unbelievable cruelty and ferocity” which demanded the organization of the nation and of its defense mechanisms to face said situation; "intervened" or imprisoned terrorists in the penitentiary transformed it into a "nobody zone", where the authority principle was totally disregarded. Due to this context, when extreme cases such as the abovementioned take place, when civil forces overflow, then it is necessary to call for the support of the armed forces. * 64. * * Article 4 of the Convention states, that

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