68 purpose –which might have been a valid justification had case-specific reasons been cited. As for the duration of the provisional arrest, it was deemed excessive because, inter alia, it was one year and seven months before the extradition process was declared terminated pursuant to the Constitutional Court’s May 24, 2011 decision. Finally, on the question of the effectiveness of the remedies, the Commission’s analysis focused on the delay in deciding the remedies filed. The Commission must again make the point that the declared violations of the rights recognized in articles 7(3), 7(5) and 7(6) of the Convention have nothing to do with the proceedings before the Inter-American Commission, but rather the Peruvian State’s failure to comply with the rules that apply where those provisions are concerned. 2. Rights to life, humane treatment and judicial protection (articles 4, 5 and 25 of the American Convention) 208. The relevant parts of Article 4 of the American Convention read as follows: 1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life. 2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply. 3. The death penalty shall not be reestablished in states that have abolished it. (…) 209. 1. The relevant parts of Article 5 of the American Convention provide that Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. 210. The pertinent paragraph of Article 25 of the American Convention states that 2. The States Parties undertake: (…) c. to ensure that the competent authorities shall enforce such remedies when granted. 211. Article 1(1) of the American Convention reads as follows: 1. 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.

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