22 whether the duration of the detention has exceeded the limits established by law and reasonableness.68 Whenever it appears that the preventive detention does not fulfill these conditions, the release of the person detained should be ordered, without detriment to the continuation of the respective proceedings. 77. Based on the above, the Court considers that the State violated Mr. Bayarri’s right to a trial within a reasonable time or to be released in keeping with Article 7(5), 7(2) and 7(1) of the American Convention. VIII ARTICLE 5 (RIGHT TO HUMANE TREATMENT)69 OF THE AMERICAN CONVENTION IN RELATION TO ARTICLE 1(1) (OBLIGATION TO RESPECT RIGHTS) THEREOF 78. In its application, the Inter-American Commission stated that Mr. Bayarri was subjected to unlawful detention in conditions of incommunicado, during which agents of the Argentine Federal Police deliberately beat him on the chest, face and right ear, and inflicted electric shocks to intimidate him and coerce him in order to obtain a confession concerning certain unlawful acts. It also alleged that the State had received information that Juan Carlos Bayarri had suffered injuries while he was in its custody and, although this called for an investigation by the State to verify and punish these facts, the State “has not produced any convincing explanation about the injury suffered by Juan Carlos Bayarri” to date, which constitutes a violation of its international obligations. 79. The representatives alleged that, for three consecutive days, and while he was detained at the clandestine center known as the “Olimpo,” Juan Carlos Bayarri was “beaten savagely on different parts of his body, and then tortured by the application of the torture known as the ‘cattle prod,’ as well as the method known as ‘dry submarine,’ which consists in placing a plastic bag over the head to prevent the victim from breathing, while simultaneously beating [his] ears repeatedly.” The representatives indicated that, after he had been transferred to the Central Police Department, he was threatened with possible harm to his next of kin so that he would confess to committing various criminal acts. They indicated that, even though the existence of injuries was clear from the first, State officials avoided making a complete and thorough examination of his person, pursuant to article 66bis of the Rules of Procedure of the Criminal and Correctional Jurisdiction of the Federal Capital. 80. The State did not dispute the facts relating to the alleged torture of Juan Carlos Bayarri and affirmed that the violations committed in this regard had been settled in the domestic jurisdiction in favor of the victim (supra paras. 29 and 30). Despite the foregoing, in this chapter, the Court will now examine the alleged violation of Article 5 of the American Convention, based on the body of evidence and the facts that have been established. A) Acts that constitute torture 68 Cf. United Nations, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, supra note 47, principio 39. 69 In this regard, Article 5 of the Convention stipulates that: 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.