57 246. Article 5 establishes 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, degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. [...] 247. As has been stressed, these rights enjoy a fundamental importance, given that they are non-derogable in times of war, public danger or other threats to the independence or security of the States party to the American Convention, as is established in Article 27.2. 248. Additionally, the Commission recalls that the Court has established that torture [...] or cruel, inhuman or degrading treatment are strictly prohibited by international human rights law. The prohibition of torture or cruel, inhuman or degrading treatment is absolute and nonderogable, even in the most difficult circumstances, such as war, the threat of war, the fight against terrorism, and any other crime, martial law or state of emergency, civil war or commotion, suspension of constitutional guarantees, internal political instability, or any other public disaster or 271 emergency. 249. The Court has emphasized that fulfillment of the obligations imposed by Article 4 of the American Convention, in relation to Article 1.1 "not only requires that no person be arbitrarily deprived of their life (negative obligation), but also requires that the States take such steps as may be necessary to protect and preserve the right to life (positive obligation), under its duty to ensure free and full exercise of the rights of all persons under its jurisdiction. This active protection of the right to life by the State involves not only its legislators, but all State institutions, and those who should safeguard security, be 272 they police forces or armed forces." Consequently, in the words of the Court the States must adopt the necessary measures, not only at the legislative, administrative and judicial level, by issuing penal norms and establishing a system of justice to prevent, eliminate and punish the deprivation of life as a result of criminal acts, but also to prevent and protect individuals 273 from the criminal acts of other individuals and to investigate these situations effectively. 250. Within these parameters, the Commission will consider whether the events described involve the international responsibility of the State for a lack of prevention and protection. In this respect, as already established by the Commission, the events surrounding the torture and death of Marino López are framed against the background of the internal armed conflict in Colombia, and specifically the carrying out of "Operation Genesis", whose indiscriminate bombing worsened the violent situation suffered by the Cacarica Afro-descendant communities, of which Marino López was a member. 251. In the present case, as the Commission has already established in the above paragraphs (see supra IV.B.3), that the "Operation Genesis'" bombardment, as well as the paramilitary raids took place in the context of a systematic attack suffered by the members of the Cacarica Afro-descendant communities, carried out by the National Army and its joint operations with paramilitary groups. The Commission refers to its analysis and findings on the State's responsibility for the military raids and "Operation Genesis". 271 I/A Court H.R., Case of Acosta Calderón v. Ecuador, Judgment of June 24, 2005. Series C No. 129, para. 125; Judgment of September 7, 2004. Series C No. 114, para. 143; Case of the Gómez Paquiyauri Brothers v. Peru, Judgment of July 8, 2004. Series C No. 110, para. 111; and Case of Maritza Urrutia v. Guatemala. Judgment of November 27, 2003. Series C No. 103, para. 89. 272 I/A Court H.R., Case of the “Mapiripán Massacre” v. Colombia. Judgment of September 15, 2005. Series C No. 134, para. 232. Report No. 75/06 Jesús María Valle Jaramillo of October 16, 2006, para. 71. 273 I/A Court H.R., Case of la “Massacre de Pueblo Bello”. Judgment of January 31, 2006, para. 120. Report No. 75/06 Jesús María Valle Jaramillo of October 16, 2006, para. 71.