71 c) the evidence of the torture suffered by Mr. Tibi is not only based on his own statements, but also on the forensic medical examinations conducted by Ecuadorian authorities and French physicians; d) while Mr. Tibi was checked twice by Ecuadorian physicians who corroborated that he suffered injuries and traumatism, he never received medical treatment from the Ecuadorian authorities and his injuries were not investigated; e) the alleged victim’s claims of mistreatment, abuse, and death threats were not investigated either. Investigations of said crimes are conducted ex officio; f) physical mistreatment against Mr. Tibi by agents of the State is analyzed from two angles: deliberate intention of causing pain and harm, awareness of the danger of causing the damage and inaction to avoid it, as well as indifference by the State; g) under the general terms of Article 5(2) of the Convention, all persons deprived of their liberty have the right to live under detention conditions that are compatible with their personal dignity, and the State must ensure the right to life and to humane treatment. Mr. Tibi’s right to humane treatment was abridged by the inhumane, cruel and degrading prison conditions that he was subjected to; h) being locked up 24 hours a day in an overcrowded cell without basic sanitary conditions, lacking classification of the inmates, with a shortage of food, dress, and adequate beds, lack of ventilation, the deficient quality of the air and the lack of medical staff, among other problems, are circumstances that can cause serious damage to those who are exposed to said conditions, as in the case of Daniel Tibi; i) prohibition of torture and mistreatment, enshrined in the American Convention, entails not only the obligation to ensure that public officials do not inflict torture and mistreatment, but also the obligation to adopt measures to protect persons under its jurisdiction against acts of torture and mistreatment committed by private individuals; j) according to Mr. Tibi, the guards deliberately confined him with violent inmates who mistreated him and threatened to kill him; k) States are under the obligation to investigate and punish cases of torture, as well as any violation of human rights. This obligation stems from several provisions. The general provision is contained in Article 1(1) of the American Convention and the specific obligation in regards to cases of torture stems from Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture; and l) Article 22(1) of the Ecuadorian Constitution in force at the time of the facts forbade torture. However, the Ecuadorian Criminal Code has serious shortcomings regarding definition and punishment of torture and mistreatment. This legislation is not in accordance with international standards.