27 76. Thus, the State incurred international responsibility by its failure to ensure, by preventive action, that the fire in Cellblock 19 would never happen. This, irrespective of any individual blame that may attach to those whose immediate duty under the law was to prevent these deaths from happening. 77. The Commission considers that the fire that broke out in Cellblock 19 of the San Pedro Sula Prison on May 17, 2004, was the result of a series of egregious omissions committed by various authorities consciously and over a long period of time. It is thus established that the State, guarantor of the life and personal integrity of the inmates, exposed them to latent peril that resulted in the death of 107 of the 183 persons deprived of liberty in Cellblock 19. The Honduran State has thus incurred international responsibility for violation of Article 4(1) of the American Convention, in conjunction with Article 1(1) thereof, to the detriment of the 107 persons named in paragraph 12 of this report. 78. As for humane treatment, the right to be treated with the respect that human dignity demands is part of the core of non-derogable rights that cannot be suspended in time of war, public danger or other emergency that threatens the independence or security of a State Party.66 Under Article 5(2) of the American Convention, persons deprived of liberty have the same right to live in detention conditions that are compatible with their human dignity. 79. In this regard, the Human Rights Committee of the International Covenant on Civil and Political Rights, in its General Comment No. 21, said the following: Article 10, paragraph 1, imposes on States parties a positive obligation towards persons who are particularly vulnerable because of their status as persons deprived of liberty, and complements for them the ban on torture or other cruel, inhuman or degrading treatment or punishment contained in article 7 of the Covenant. Thus, not only may persons deprived of their liberty not be subjected to treatment that is contrary to article 7, including medical or scientific experimentation, but neither may they be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same conditions as for that of free persons. Persons deprived of their liberty enjoy all the rights set forth in the Covenant, subject to the restrictions that are unavoidable in a closed environment. 67 80. The Inter-American Commission observes that the OAS Member States recognized the principle of humane treatment for those deprived of liberty as far back as the American Declaration of the Rights and Duties of Man, adopted in 1948. Article XXV provides that “Every individual who has been deprived of his liberty has the right to […] humane treatment during the time he is in custody.” This principle requiring humane treatment of persons deprived of liberty, which is recognized in a number of universal and inter-American instruments –binding to varying degrees- over the course of sixty years, was echoed by the Commission in its document titled Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, in which humane treatment is a fundamental principle. 68 I/A Court H.R., Case of Montero Aranguren et al. (Detention Center of Catia). Judgment of July 5, 2006. Series C No. 150, paragraph 85; I/A Court H.R., Case of the Pueblo Bello Massacre v. Colombia. Judgment of January 31, 2006. Series C No. 140, paragraph 119; I/A Court H.R., Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006. Series C No. 160, paragraph 274; I/A Court H.R., Case of Ximenes Lopes. Judgment of July 4, 2006. Series C No. 149, paragraph 126; I/A Court H.R., Case of Servellón García et al. Judgment of September 21, 2006. Series C No. 152, paragraph 97. 66 67 68 UN. General Comment No. 21 of the Human Rights Committee, April 10, 1992. A/47/40(SUPP), paragraph 3. Document the Inter-American Commission approved at its 131st session, held March 3 to 14, 2008. Principle I: Humane Treatment.