88 his life by another member of the Community, this Court considers that such deaths are not attributable to the State. 180. Finally, the Court ascertains that Pedro Fernández, 79 years old, (supra para. 73(74)(20),) Eusebio Ayala, 80 years old (supra para. 73(74)(21) died of pneumonia and Lucía Aponte, 50 years old (supra para. 73(74)(22),) died of tuberculosis, and that life expectation in Paraguay was 59.6 years for men and 64.2 years for women. Taking into account the aforesaid, and also the lack of further evidence, this Court cannot find that such deaths are totally attributable to the State. XI. ARTICLE 5 OF THE AMERICAN CONVENTION (RIGHT TO HUMANE TREATMENT) AS REGARDS TO ARTICLE 1(1) thereof Allegations by the Commission 181. As regards to Article 5 of the Convention, in connexion with Article 1(1) thereof, the Commission alleged that the living conditions that the Sawhoyamaxa Community currently has to endure are infra-human. If the State had guaranteed its members their right to live in their ancestral lands, in such a way as to allow them to practice their traditional subsistence activities, the living conditions would have improved. Allegations by the representatives 182. The representatives alleged the following: a) by failing to restore the ancestral lands and the traditional habitat to the Sawhoyamaxa Community, the State has prevented their members from hunting, fishing and gathering in the claimed lands and habitat, thus affecting their cultural and religious identity, and further placing them in a situation of extreme vulnerability characterized by extreme poverty and inadequate observance of their basic rights, such as the rights to health and food, and b) the State has violated the right to humane treatment of the members of the Sawhoyamaxa Community for its failure to adopt the necessary measures to prevent unnecessary moral and psychological suffering. The long years waiting for the restitution of their lands have caused them feelings of sadness and a deep sense of lack of protection and frustration. The impossibility of burying their dead in the ancestral land, and following their rituals and traditions, generates feelings of sadness and guilt to the members of the Community. To Furthermore, they also fear to be assaulted by “white men or Paraguayan people”, when they covertly access their ancestral land to carry out their traditional practices. Allegations by the State. 183. The State has not filed any specific arguments regarding Article 5(1) of the Convention.