33 firsthand, because of the lack of privacy and a proper area for visits. This meant that during the inmates’ conjugal visits, they had to have sexual relations in their beds in the cellblock, and that family members had to breathe the unhealthy, unwholesome and (life) threatening air of the cellblock. 104. In the present case, the State has not submitted observations, arguments or information to disprove the presumption that the right to humane treatment of the victims’ next of kin has been violated given the circumstances described here. 105. The Commission is mindful of the fact that the State gave each victim’s next of kin the sum of 10,000 lempiras in a lump-sum payment to cover funeral and burial expenses. 87 However, this payment cannot be regarded as compensation, much less reparation for the harm that the victims’ next of kin have suffered as a consequence of the events in this case. 106. Given the foregoing considerations, the Commission concludes that the State violated the right to have one’s mental and moral integrity respected recognized, in Article 5(1) of the American Convention, in conjunction with the obligations to respect and ensure established in Article 1(1) thereof and to the detriment of the 83 next of kin named in paragraph 25 of this report. C. Right to personal liberty and the principle of freedom from ex post facto laws (articles 7 and 9 of the American Convention, in conjunction with articles 1(1) and 2 thereof) 107. Article 2 of the American Convention reads as follows: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 108. The pertinent provisions of Article 7 of the American Convention provide that: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. […] 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. […] 109. Article 9 of the American Convention provides that: No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, paragraph 117. I/A Court H.R., Case of the “Juvenile Reeducation Institute” v. Paraguay. Judgment of September 2, 2004. Series C No. 112, paragraph 192. 87 The petitioners’ observations on the merits, dated April 10, 2009.