they comply with the elements of the definition.272 The European Court of Human Rights,273 the
Human Rights Committee,274 the Committee against Torture,275 the Committee for the Elimination
of Discrimination against Women,276 and the United Nations Special Rapporteur on Torture277
have all expressed a similar opinion.
187. In the instant case, it has been proved that, during the raids, the police beat Norma Lupe
Alarcón Valencia and Claudia Valencia Alarcón on their intimate parts (supra para. 56). Mercedes
Valencia Chuquimia was beaten in a similar way during the raid; also, in front of her son, she was
undressed and a weapon was introduced between her legs (supra para. 61).
188. With regard to Norma Lupe Alarcón de Valencia, Claudia Valencia Alarcón, Mercedes
Valencia Chuquimia and Julia Mamanu Mamani, it has been established by different statements
that, during the raids, they were beaten in front of their family members and, in particular, their
children/grandchildren were threatened in front of them in order to make them confess (supra
paras. 55 to 65). These intentional actions by the police may be characterized as acts of
psychological torture, aggravated in this case by a bias based on a gender stereotype, taking
advantage of their status as mothers and/or grandmothers of the alleged victims. This Court has
recognized that, under certain circumstances, the threat or the real danger that a person will be
subjected to serious physical injuries produces a moral anguish of such intensity that it may be
considered “psychological torture.”278 Thus, the Court has established that an act of torture may
be perpetrated both by acts of physical violence and by acts that produce acute mental or moral
anguish in the victim.279 The severity of the act and its intentionality are therefore proved. The
effects and the severity of the anguish felt may be considered proved by the statements given by
Norma Lupe Alarcón and Claudia Valencia.280 However, since the Court does not have a statement
by Julia Mamanu Mamani or by Mercedes Valencia Chuquimia, it is unable to evaluate the impact
and the severity of their suffering. Therefore, the Court finds that Norma Lupe Alarcón and Claudia
272
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs. Judgment of November 25,
2006. Series C No. 160, para. 312, and Case of Bedoya Lima et al. v. Colombia, supra, para. 101.
Cf. ECHR, Aydin v. Turkey [GS], No. 23178/94. Judgment of September 25, 1997, para. 86. The European
Court has also ruled on the positive obligations arising from Article 3 of the European Convention (Prohibition of
torture) in cases of sexual abuse and rape. Cf., among others, ECHR, M.C. v. Bulgaria, No. 39272/98. Judgment of
September 25, 1997, para. 83.
273
274
Cf. UN, Human Rights Committee, General Comment No. 28, Article 3 (The equality of rights between men and
women), HRI/GEN/1/Rev.7, 2000, paras. 11 and 20.
275
Cf. Committee against Torture, General Comment No. 2, Application of Article 2 by States parties, CAT/C/GC/2,
January 24, 2008, para. 18.
Cf. UN, Committee for the Elimination of Discrimination against Women, General Recommendation No. 35,
Gender-based violence against women, updating General Recommendation No. 19, CEDAW/C/GC/35, July 26, 2017,
para. 16: “[G]ender-based violence against women may amount to torture or cruel, inhuman or degrading treatment
in certain circumstances, including in cases of rape, domestic violence or harmful practices.”
276
Cf. UN, Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment, Manfred Nowak, A/HRC/7/3, January 15, 2008, paras. 28 to 31, and Report of the Special Rapporteur
on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez, UN Doc. A/HRC/31/57,
January 5, 2016, para. 51.
277
278
Cf. Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 102, and
Case of Azul Rojas Marín et al. v. Peru, supra, para. 160.
Cf. Case of Cantoral Benavides v. Peru. Merits, supra, para. 100, and Case of López Soto et al. v. Venezuela,
supra, para. 183.
279
280
Cf. Affidavit made by Norma Lupe Alarcón on June 14, 2022 (evidence file, folio 12641) and affidavit made by
Claudia Valencia Alarcón on June 14, 2022 (evidence file, folio 12626).
55