418. The Court has established that torture and cruel, inhuman or degrading treatment or
punishment are strictly prohibited by international human rights law. 646 The prohibition of
torture and cruel, inhuman or degrading treatment or punishment is absolute and nonderogable, even under the most difficult circumstances, such as war, threat of war, the fight
against terrorism and any other crimes, states of emergency, civil unrest or internal conflict,
suspension of constitutional guarantees, internal political instability, or other public
emergencies or catastrophes. 647
419. The Court has indicated that any use of force that is not strictly necessary owing to
the conduct of the person detained constitutes an attack on human dignity that violates
Article 5 of the American Convention. 648 In this case, the State has not proved that the
force used by the State authorities during the detention of Yolanda Santodomingo Albericci,
Eduardo Matson Ospino, Orlando Quijano and José Vicente Rubiano Galvis was necessary.
The Court must therefore decide whether the facts constitute torture or cruel, inhuman or
degrading treatment.
420. In order to define what should be understood as “torture” in light of Article 5(2) of the
American Convention, the Court’s case law has indicated that an act that constitutes torture
is committed when the ill-treatment: (a) is intentional; (b) causes severe physical or mental
suffering, and (c) is perpetrated for a purpose or objective. 649 It has also been recognized
that the threat and real danger of a person being subjected to physical harm produces, in
certain circumstances, a moral anguish of such intensity that it can be considered
psychological torture. 650
421. The Court has asserted that the individual’s right to physical and mental integrity can
be violated at different levels ranging from torture to other types of abuse or cruel,
inhuman or degrading treatment the physical and mental aftereffects of which vary in
intensity according to factors that are endogenous and exogenous to the person (such as
duration of the treatment, age, sex, health, context, vulnerability) which must be analyzed
in each specific situation. 651
422. In this case, it has been proved that: (i) Yolanda Santodomingo Albericci and Eduardo
Matson Ospino survived the events of the taking and retaking of the Palace of Justice,
following which they were considered “suspicious”; (ii) they left the Palace of Justice in the
custody of the security forces, who were “pointing a revolver or a pistol at them,” they were
told “run, you son of a bitch, run so that we can shoot you, there are snipers around who
are going to kill you”; (iii) when they arrived at the Casa del Florero they were taken to the
646
Cf. Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 95, and
Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No.
275, para. 304.
647
Cf. Case of Lori Berenson Mejía v. Peru. Merits, reparations and costs. Judgment of November 25, 2004. Series C
No. 119, para. 100, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of
November 27, 2013. Series C No. 275, para. 304.
648
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 57, and
Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No.
275, para. 363.
649
Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No.
164, para. 79, and Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27,
2013. Series C No. 275, para. 364.
650
Cf. Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 102, and
Case of J. v. Peru. Preliminary objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No.
275, para. 364.
651
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, paras. 57 and 58,
and Case of Norín Catrimán et al. (“Leaders, members and activist of the Mapuche Indigenous People”) v. Chile.
Merits, reparations and costs. Judgment of May 29, 2014. Series C No. 279, para. 388.
146
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