93 visits almost impossible for their next of kin, as well as the conditions in which they were held, caused suffering and constant worry to [their] next of kin; consequently, the State “has violated Article 5 regarding the rights of the family (Article 17);” and j) The penitentiary system created by the anti-terrorist legislation has restricted the visits of the next of kin, which constitutes not only a violation of Article 5(3) of the Convention, but also a violation of Article 17 thereof. Arguments of the State 215. Regarding the alleged violation of Article 5 of the Convention, the State has pointed out that since “neither García-Asto nor Ramírez-Rojas have filed with any competent State authorities, any complaint or report regarding these facts, not even after November 2001; and that, therefore, it has not had the opportunity to formally assess whether the victims were entitled to claim compensation [...], the State considers that notwithstanding the acknowledgement of the facts already established pursuant to the statement submitted, the State has the right to raise an objection for lack of exhaustion of domestic remedies, which it intends to assert now as merits of the case. The aforesaid shall apply to the extent that, pursuant to the Commission, [the allegations regarding the alleged violation of Article 5 of the Convention are based on] new facts, regarding which the State has not had the formal possibility to file its observations.” Considerations of the Court 216. Article 5 of the Convention states the following: 1. 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. 3. Punishment shall not be extended to any person other than the criminal. 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. [...] 6. Punishment consisting of deprivation of liberty shall have the reform and social readaptation of the prisoners as an essential aim. 217. In view of the partial acknowledgement of the facts by the State (supra paras. 52 to 60,) and taking into consideration the Preliminary Considerations of this Judgment regarding the delimitation of the facts that are part of the instant case