43 138. In conclusion, the Court points out that, when the facts occurred, the exception contained in Article 114 bis of the Criminal Code violates Article 2 of the Convention since Ecuador had not adopted adequate measures under its domestic law to give effect to the right enshrined in Article 7(5) of the Convention. XII Article 5 of the American Convention (Right to Humane Treatment) ARGUMENTS OF THE COMMISSION 139. The Commission did not present any arguments regarding Article 5 of the Convention. ARGUMENTS OF THE REPRESENTATIVES 140. Regarding Article 5 of the Convention the representatives stated that: a) the State violated Mr. Acosta Calderón’s right to humane treatment recognized in Article 5(1) and 5(2) of the Convention; b) “[e]ven though there isn’t any evidence that Mr. […] Acosta Calderón has been tortured, we do consider that his psychic and moral integrity were not respected. Likewise, we consider that there was no respect to the inherent dignity of human beings in the terms provided in the Convention;” c) “submitting a person to an arbitrary detention, to the deprivation of judicial guarantees and [to the] right [to a] due process and to a judicial lack of protection under clear discriminatory conditions, necessarily produces moral suffering, without it being necessary to present evidence regarding this suffering[,] since it results evident from human nature itself;” and d) “all form of reduction or non-recognition of human dignity, the basis itself of human rights, is a form of cruel treatment, since it implies a partial, or even total, non-recognition of the person’s human condition. Everybody evidently suffers when they are deprived in any way of one of the prerogatives or rights that must be recognized constantly by everybody. Any dwindling in what it means to be a person necessarily leads to a violation to humane treatment, since the individual would no longer be a whole.” CONSIDERATIONS OF THE COURT 141. Article 5 of the Convention determines that: 1. [e]very person has the right to have his physical, mental, and moral integrity respected. 2. [n]o 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. […]