judicial guarantees and judicial protection established in Articles 8(1) and 25(1) of the American Convention, in relation to the obligations established in Articles 1(1) and 2 of the same instrument, to the detriment of Wilfredo Terrones Silva, Teresa Díaz Aparicio, Santiago Antezana Cueto, Néstor Rojas Medina, and Cory Clodolia Tenicela Tello and their family members indicated throughout this report. In addition, the State of Peru is responsible for violating Article I(b) of the Inter-American Convention against Forced Disappearance of Persons. D. Right to humane treatment (Article 5(1) and 5(2) in relation to Article 1(1) of the American Convention) and rights to a fair trial and to judicial protection (Articles 8(1) and 25(1) of the American Convention) in relation to Articles 6 and 8 of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Santiago Antezana Cueto 207. As a preliminary matter, the Commission notes that in several communications the petitioners indicate that they reported to the competent authorities both the detention and disappearance of Santiago Antezana Cueto, as in the case of other community members. They also indicated that “even though the evidence attached and the first complaints note other victims, the Peruvian State has not considered them, and they were set aside in the process and the only one considered as a disappearance in Manyacc was Santiago Antezana.”191 From Commission’s analysis of the information and documentation presented by the parties, one notes that in effect the authorities had vast knowledge of the disappearances of those community members. In Report No. 194-2013-JUS/PPES of July 9, 2013, the State argues that the Public Ministry, as the only party that can bring a criminal action, is the only entity that, according to its powers granted by the Constitution of Peru and its Organic Law, characterizes and decides who is considered an injured party in a criminal proceeding. 208. Without prejudice to the foregoing, the Commission highlights that from the presentation of the petition and throughout the process before the Commission, the petitioners have only identified Santiago Antezana Cueto as a presumed victim. The Commission has not received detailed information, subject to adversarial procedure, throughout the processing of the matter in the inter-American system with respect to the cases of other persons who disappeared and who appear in the Manyacc Annex such that one could effectuate a separate analysis with respect to the disappearance of these persons. Consequently, in this report the Commission will not rule on the alleged disappearances of other community members detained in the same circumstances. 209. As indicated supra, Article 5 of the American Convention enshrines, in general terms, the right to humane treatment, in respect of physical, mental, and moral integrity. For its part, Article 5(2) more specifically establishes the absolute prohibition on torture or cruel, inhuman or degrading treatment, as well as the right of every person deprived of liberty to be treated with the respect for their inherent dignity as human persons. 210. Article 2 of the Inter-American Convention to Prevent and Punish Torture defines torture as “any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose.” 211. In addition, the Court has established that an act constitutes torture when the mistreatment: (a) is intentional; (b) causes severe physical or mental suffering; and, (c) is committed with any aim or purpose.192 191 Annex 68. Communication from the petitioners, September 15, 2011. I/A Court HR. Case of Bueno Alves v. Argentina. Merits, Reparations and Costs. Judgment of May 11, 2007. Series C No. 164, para. 79. I/A Court HR. Case of I. v Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of November 27, 2013. Series C No. 275, para. 364 192