45 199. The case law of the Inter-American Court is that: …the absence of an effective remedy to violations of the rights recognized by the Convention is itself a violation of the Convention by the State Party in which the remedy is lacking. In that sense, it should be emphasized that, for such a remedy to exist, it is not sufficient that it be provided for by the Constitution or by law or that it be formally recognized, but rather it must be truly effective in establishing whether there 156 has been a violation of human rights and in providing redress. … the above conclusions are generally valid with respect to all the rights recognized by the Convention. But it must also be understood that the declaration of a state of emergency -whatever its breadth or denomination in internal law-- cannot entail the suppression or ineffectiveness of the judicial guarantees that the Convention requires the States Parties to establish for the protection of the rights not subject to derogation or suspension by the state of emergency. Therefore, any provision adopted by virtue of a state of emergency which results in the suspension of those guarantees is a violation of the Convention ”.157 200. The Commission notes that at no time during his time in detention was Mr. Galindo brought before a judge or informed of his legal situation. He had no way to file a petition of habeas corpus. Furthermore, the IACHR observes that despite the fact that on October 17, 1994, the Huánuco-Pasco Superior Court, in the person of its President, asked the Head of the Military-Political Command to inform him of the legal situation of then Magistrate Galindo Cárdenas and that on October 18, 1994 he made the same request of Huánuco-Pasco Chief Superior Court Prosecutor, he never received any reply: (…) it should be emphasized that, for such a remedy to exist, it is not sufficient that it be provided for by the Constitution or by law or that it be formally recognized, but rather it must be truly effective in establishing whether there has been a violation of human rights and in providing redress. A remedy which proves illusory because of the general conditions prevailing in the country, or even in the particular circumstances 158 of a given case, cannot be considered effective. 201. Therefore, based on the allegations of the parties, the facts established and the context in which the events occurred, the Commission concludes that the State of Peru violated Article 7(6) of the American Convention, read in conjunction with Article 25(1) and the guarantees recognized in Article 1(1) thereof, to the detriment of Mr. Luis Antonio Galindo Cárdenas. C. The right to humane treatment (Article 5(1) and 5(2) of the American Convention, read in 159 conjunction with Article 1(1) thereof ) 202. 1. 2. The pertinent parts of Article 5 of the American Convention read as follows: Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All 156 I/A Court H.R., Judicial guarantees in states of emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights), Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, paragraph 24. 157 I/A Court H.R., Judicial guarantees in states of emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights), Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, paragraphs 25 and 26. 158 I/A Court H.R., Judicial guarantees in states of emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights), Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, paragraph 24; I/A Court H.R., Case of Cantoral Benavides v. Peru, Judgment of August 18, 2000, Series C No. 69, paragraph 164. 159 Article 1(1) of the American Convention provides that: “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.”