transferred to a floor ‘infested by rats.’” It also indicated that “[d]uring the 17 days that she
remained in the DINCOTE, on three occasions she was taken from her cell. On one of these
occasions, they tried to take her out at 11 p.m. and when she refused, they threw a bucket of cold
water on her and she was obliged to leave the cell to be taken to another one. On another occasion,
she was taken from her cell at around 8.30 p.m. by a man she did not recognize, questioned about
her presence in Ayacucho, and told that if she did not cooperate her sister would be in danger.” The
Commission also indicated that “Ms. J. was subjected to prolonged incommunicado without any
judicial control and subjected to [ill-treatment].”
370. The representative alleged that “[d]uring [her] detention […] J. was threatened that her
sister, who had been detained and was released 17 days later, would be tortured. The only reason
for her sister’s detention was to exercise psychological torture over [Ms. J.] so that “she would
confess.’” In this regard, the representative indicated that the State had not denied this, and had
failed to explain why J.’s sister was arrested.
371. The State argued that “Ms. J. had not stated that she had suffered acts of torture or cruel,
inhuman or degrading treatment as a result of her presence in the DINCOTE building before any
domestic instance (police, prosecution, or judicial).” It also indicated that “[t]he DINCOTE had
facilities equipped for the search and detention of presumed perpetrators of the crime of terrorism,
as well as special isolation cells; also, women detainees were supervised by female personnel.” It
asserted that “if she had suffered ill-treatment in the DINCOTE,” this would have been reflected in
the medical report prepared on April 18, five days after her entry into the DINCOTE.
D.2) Considerations of the Court
372. The Court recalls its considerations supra on the absolute prohibition of subjecting anyone to
torture or cruel, inhuman or degrading treatment or punishment, the obligation to investigate such
facts, and the obligation to act with due diligence to prevent, punish and eliminate violence against
women (supra paras. 303, 304, 341 and 342). In addition, the Court has indicated that, pursuant to
Article 5(1) and 5(2) of the Convention, any person deprived of liberty has the right to detention
conditions compatible with his or her personal dignity. Since the State is responsible for detention
facilities, it is in the special position of guarantor of the rights of anyone who is in its custody. 524
Thus, the State must ensure that the manner and method of deprivation of liberty does not exceed
the inevitable level of suffering inherent in detention. 525 In this regard, the Court has considered
that poor physical conditions and hygiene of places of detention, 526 as well as the absence of
adequate light and ventilation, 527 may, in themselves, violate Article 5 of the American Convention,
524
Cf. Case of Neira Alegría et al. v. Peru. Merits. Judgment of January 19, 1995. Series C No. 20, para. 60, and Case of
Díaz Peña v. Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 26, 2012. Series C No. 244,
para. 135.
525
Cf. Case of the “Children’s Rehabilitation Institute" v. Paraguay, supra, para. 159, and Case of Mendoza et al. v.
Argentina, supra, para. 201.
526
In this regard, Rule 10 of the United Nations Standard Minimum Rules for the Treatment of Prisoners establishes that:
“[a]ll accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all
requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor
space, lighting, heating and ventilation.” Meanwhile, Rule 12 stipulates that “[t]he sanitary installations shall be adequate
to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.” In this
regard, Rule 5 of the Bangkok Rules establish that “[t]he accommodation of women prisoners shall have facilities and
materials required to meet women’s specific hygiene needs, including sanitary towels provided free of charge and a
regular supply of water to be made available for the personal care of children and women, in particular women involved in
cooking and those who are pregnant, breastfeeding or menstruating.” United Nations, General Assembly resolution
65/229, United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders, 16
March 2011, A/RES/65/229. See also, Case of Díaz Peña v. Venezuela, supra, para. 135.
527
Regarding access to daylight and fresh air, Rule 11 of the United Nations Standard Minimum Rules for the Treatment of
Prisoners establishes that: “[i]n all places where prisoners are required to live or work, (a) The windows shall be large
enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the
110
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