58
May 3, 1994, and there sentenced Mr. Alejandro Astorga Valdez to life imprisonment
as well. The lower court rulings also stipulated the terms of the incarceration, which
included “continuous confinement to cell for the first year of incarceration, and then
forced labor, which sentences they [the alleged victims] are to serve in solitaryconfinement cells chosen by the Director of the National Bureau of Prisons.”
194. The Court has held that “prolonged isolation and deprivation of
communication are in themselves cruel and inhuman punishment, harmful to the
psychological and moral integrity of the person and a violation of the right of any
detainee to respect for his inherent dignity as a human being.”105
195. The Court has also ruled that under “Article 5(2) of the Convention, every
person deprived of her or his liberty has the right to live in detention conditions
compatible with her or his personal dignity, and the State must guarantee to that
person the right to life and to humane treatment. Consequently, since the State is
the institution responsible for detention establishments, it is the guarantor of these
rights of the prisoners.”106 Incommunicado detention is considered to be an
exceptional method of confinement because of the grave effects it has on persons so
confined. “Isolation from the outside world produces moral and psychological
suffering in any person, places him in a particularly vulnerable position, and
increases the risk of aggression and arbitrary acts in prison.”107
196.
In the Loayza Tamayo Case, the Court ruled that:
The violation of the right to physical and psychological integrity of persons is a
category of violation that has several gradations and embraces treatment
ranging from torture to other types of humiliation or cruel, inhuman or
degrading treatment with varying degrees of physical and psychological effects
caused by endogenous and exogenous factors (...) The degrading aspect is
characterized by the fear, anxiety and inferiority induced for the purpose of
humiliating and degrading the victim and breaking his physical and moral
resistance.108
197.
In that same case, the Court held that:
Any use of force that is not strictly necessary to ensure proper behavior on the
part of the detainee constitutes an assault on the dignity of the person […], in
violation of Article 5 of the American Convention. The exigencies of the
investigation and the undeniable difficulties encountered in the anti-terrorist
struggle must not be allowed to restrict the protection of a person’s right to
physical integrity.
The Court added that “incommunicado detention, […] solitary confinement in a tiny
cell with no natural light, […] a restrictive visiting schedule […] all constitute forms of
105.
Velásquez Rodríguez Case, supra note 19, para. 156; Godínez Cruz Case, supra note 19, para.
164; Fairén Garbi and Solís Corrales Case, supra note 19, para. 149.
106.
Neira Alegría et al. Case, supra note 104, para. 60.
107.
Suárez Rosero Case, supra note 80, para. 90.
108.
Cf. Case of Ireland v. the United Kingdom, Judgment of 18 January 1978, Series A No. 25. para.
167 DE L; and Loayza Tamayo Case, supra note 4, para. 57.