4
and legislative measures, in order to determine their compatibility with international
human rights standards. 8 This has been achieved in the name of superior common
values, embodied in the prevalence of the fundamental rights inherent in the human
being.
12.
This judgment of the Inter-American Court is framed in this noteworthy juridical
and civilizing evolution. Even before Maritza Urrutia v. Guatemala, the Court had ruled
on the violation of the right to psychological integrity (in Loayza Tamayo v. Peru,
Judgment of September 17, 1997, paras. 57-58) and on “psychological torture” (in
Cantoral Benavides v. Peru, Judgment of August 18, 2000, para. 102). In the instant
case, the Court once again rules on the latter, amidst its categorical affirmation of the
absolute prohibition of torture in all its forms. In the apt words of the Court:
“An international juridical regime of absolute prohibition of all forms of torture, both
physical and psychological, has been developed and, with regard to the latter, it has
been recognized that the threat or real danger of subjecting a person to physical harm
produces, under determined circumstances, such a degree of moral anguish that it may
be considered ‘psychological torture.’ The absolute prohibition of torture, in all its
forms, is today part of international jus cogens” (para. 92).
There is no alternative to this juridical development motivated by the human
conscience; if this were not so, we would return to barbarism.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
8
A. Cassese, op. cit. supra n. (2), pp. 1 and 131-133.