2 Rivera had been shot first without being able to understand what the situation was. It is also possible that they undergone all the stages and manifestations of a chain of horror in El Frontón prison and that they died several days after the uprising began in the midst of most terrible physical and mental atrocities. The exact time of these events is uncertain. However, if the above evidence appraisal is used, there will grounds to conclude with a high level of certainty that Durand and Ugarte undergone severe moral and psychological suffering before dying as a result of inhumane and cruel treatment by the State during the riot subduing in El Frontón. Consequently, I do not share the conclusion reached by the Court in the second operative paragraph of this judgment. In my opinion, the issue should have been stated as follows: "THE COURT, [...] 2. declares that the State violated, to the detriment of Nolberto Durand Ugarte and Gabriel Ugarte Rivera, Articles 5(1) and 5(2) of the American Convention about Human Rights". Carlos Vicente de Roux-Rengifo Judge Manuel E. Ventura-Robles Secretary