36 Article 1 The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention. Article 6 In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction. 171. In light of the facts established in the case at hand, the IACHR will rule on the legal nature of the acts of violence perpetrated against Gladys Carol Espinoza, the absence of a response from the judicial authorities, and the resulting responsibility of the Peruvian State. (a) The acts of torture and cruel, inhuman, and degrading treatment inflicted on Gladys Carol Espinoza 172. The Inter-American Court has ruled that the absolute prohibition of torture, both physical and mental, is currently part of the international ius cogens, and that the prohibition remains valid even under the most difficult circumstances, such as war, threat of war, the fight against terrorism and other crimes, state of siege, or a state of emergency, civil commotion or domestic conflict, suspension of 158 constitutional guarantees, domestic political instability or other public emergencies or catastrophes.” The Court has also noted that the universal and regional instruments have enshrined that prohibition and the inalienable right not to be tortured. Similarly, various international instruments enshrine this right and 159 reaffirm that prohibition, including international humanitarian law. 173. The Inter-American Convention to Prevent and Punish Torture is a part of the interAmerican corpus iuris that the Commission must use in establishing the content and scope of the general 160 provision contained in Article 5.2 of the American Convention. Specifically, Article 2 of the IACPPT defines torture as: any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of 158 I/A Court H. R., Case of Bueno Alves, Judgment of May 11, 2007, Series C No. 164, para. 76; I/A Court H. R., Case of the Miguel Castro Castro Prison, Judgment of November 25, 2006, Series C No. 160, para. 271; and I/A Court H. R., Case of Baldeón García, Judgment of April 6, 2006, Series C No. 147, para. 117. 159 I/A Court H. R., Case of Bueno Alves, Judgment of May 11, 2007, Series C. No. 164, para. 77, citing: Covenant on Civil and Political Rights, Art. 7; Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Art. 2; Convention on the Rights of the Child, Art. 37; International Convention on the Protection of the Rights of All Migrant Workers and Their Families, Art. 10; Inter-American Convention to Prevent and Punish Torture, Art. 2; African Charter on Human and Peoples’ Rights, Art. 5; African Charter on the Rights and Welfare of the Child, Art. 16; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará), Art. 4; European Convention for the Protection of Human Rights and Fundamental Freedoms, Art. 3; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 6; Code of Conduct for Law Enforcement Officials, Art. 5; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, Rule 87.a; Declaration on the Human Rights of Individuals who are not Nationals of the Country in which they Live, Art. 6; United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), Rule 17.3; Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Art. 4; Guidelines of the Committee of Ministers of the Council of Europe on Human Rights and the Fight against Terrorism, Guideline IV; Common Article 3 of the four Geneva Conventions; Third Geneva Convention, relative to the Treatment of Prisoners of War, Arts. 49, 52, 87 and 89, 97; Fourth Geneva Convention, relative to the Protection of Civilian Persons in Time of War, Arts. 40, 51, 95, 96, 100, and 119; Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of International Armed Conflicts (Protocol I), Art. 75.2.ii; and Additional Protocol to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), Art. 4.2.a. 160 I/A Court H. R., Case of Tibi v. Ecuador, Judgment of September 7, 2004, Series C No. 114, para. 145.