7 "31 members of the Community, most of them children of both sexes, had demised died of diseases that could have been prevented and cured, or better still, avoided (...). (...) Unfortunately, the number of deceased persons in the Community for lack of medical care and as a direct consequence of the infra-human conditions and total want in which they lived is larger than the one stated in the application. Therefore, the Commission considers it to be proven in the instant case that the deaths of the members of the Sawhoyamaxa Community that resulting from lack of medical care and form infra-human living conditions are attributable to the State."25 18. Some of the members of the Sawhoyamaxa Indigenous Community died when they were only days, or weeks, or months, old. 26 They died in total want, as they had lived, in the humiliation of total want (that is the deprivation of all human rights), along the roadside (between Pozo Colorado and Concepción), most probably unable to develop a life project. Everywhere today, in different latitudes, there is an increase in the numbers of those who are cast aside, of those who die, or perhaps just survive, in want, facing the indifference or the callousness of the public power system (rather oriented towards serving private interests, totally distorting the aims of the State), giving a new ring to Montesquieu’s lament in his Lettres persanes (1721): "il faut pleurer les hommes à leur naissance, et non pas à leur mort "27. 19. Or giving a new ring to the final words Machado de Assis unbosoms, in his piercing Memórias Póstumas de Brás Cubas (1881): "Não tive filhos, não transmiti a nenhuma criatura o legado da nossa miséria."28 Or still ringing in the more recent (1998) complaint by Elie Wiesel, 1986 Nobel Peace Prize, against indifference towards the suffering of others: "the two great mysteries —birth and death— are that which all human beings have in common. It is just the path going from one to the other that is different. And it is up to us to make it human. (…) Every human being has a right to dignity. To infringe such right is to humiliate the human being. (…) the struggle has to be against indifference. It helps but the oppressor, never the victim29." IV. Inadmissibility of the Probatio Diabolica. 25 . 26 . Cf. Report in paragraphs 61 and 66 of the instant Judgment. 27 . Montesquieu, Lettres persannes, Paris, Garnier-Flammarion, 1964 [reed.], page 77. Page 10 of the abovementioned final arguments brief, paras. 38-39. 28 . Machado de Assis, Memórias Póstumas de Brás Cubas, 4a. ed., São Paulo, Ateliê Ed., 2004 [reed.], page 254. 29 . E. Wiesel, "Contre l'indifférence", in Agir pour les droits de l'homme au XXIe. siècle (ed. F. Mayor), Paris, UNESCO, 1998, pages 87-90.