64
transferred Lori Berenson, who had then been convicted, [...] to the Huacariz
Prison”; and
c)
Regarding the prison regime of the alleged victim, the characteristics
of her current regime may be classified as “regular, because [...] they are
applied to all prisoners in the country, without exception.”
Considerations of the Court
98.
Article 5 of the Convention establishes:
1.
Every person has the right to have his physical, mental, and moral
integrity respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment. All persons deprived of their liberty shall be treated
with regard for the inherent dignity of the human person.
[...]
6.
Punishments consisting of deprivation of liberty shall have as an
essential aim the reform and social readaptation of the prisoners.
99.
The Commission did not deal with Lori Berenson’s detention conditions before
her entry into the Yanamayo Prison on January 17, 1996, or after her transfer to the
Socabaya Prison on October 7, 1998, either in its Report on merits No. 36/02 or in
the application (supra paras. 15 and 18). Consequently, the Court will only examine
whether the detention conditions in the Yanamayo Prison were incompatible with the
provisions of Article 5 of the American Convention.
100. This Court has indicated that torture and cruel, inhuman or degrading
punishment or treatment are strictly prohibited by international human rights law.214
The prohibition of torture and cruel, inhuman or degrading punishment or treatment
is absolute and non-derogable, even under the most difficult circumstances, such as
war, threat of war, the fight against terrorism and any other crimes, martial law or a
state of emergency, civil commotion or conflict, suspension of constitutional
guarantees, internal political instability or other public emergencies or
catastrophes.215
101. Penalties are an expression of the State’s authority to punish and “imply
impairment, deprivation or alternation of the rights of an individual, as a result of an
unlawful conduct.”216 However, the injuries, sufferings, damage to health or
prejudices suffered by an individual while he is deprived of liberty may become a
form of cruel punishment when, owing to the circumstances of his imprisonment,
there is a deterioration in his physical, mental and moral integrity, which is strictly
prohibited by Article 5(2) of the Convention. Such situations are contrary to the
“essential aim” of the penalty of imprisonment, as established in paragraph 6 of this
Article; in other words, “the reform and social readaptation of the prisoners.” Judicial
214
Cf. Case of Tibi, supra note 3, para. 143; Case of the Gómez Paquiyauri Brothers, supra note 16,
para. 111; and Case of Maritza Urrutia, supra note 4, para. 89.
215
Cf. Case of Tibi, supra note 3, para. 143; Case of the Gómez Paquiyauri Brothers, supra note 16,
para. 111; and Case of Maritza Urrutia, supra note 4, para. 89.
216
Cf. Case of Baena Ricardo et al.. Judgment of February 2, 2001. Series C No. 72, para. 106.
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