44
received during solitary confinement is inhuman and degrading.93 In this case, the
Gómez Paquiyauri brothers were not only illegally and arbitrarily detained, but they
were not allowed to benefit from all the safeguards set forth in Article 7 of the
American Convention.
109. It is also pertinent to bear in mind that the Court has previously stated that
the mere fact of being placed in the trunk of a vehicle
constitutes an infringement of Article 5 of the Convention relating to humane treatment,
inasmuch as, even if no other physical or other maltreatment occurred, that action alone
must be clearly considered to contravene the respect due to the inherent dignity of the
human person.94
110. In the instant case, the alleged victims, during their detention and before
their death, received physical and psychological maltreatment that consisted of:
being thrown on the ground, kicked, a policemen stood on their backs and other
policemen covered their head (supra para. 67.f). They were also beaten with shotgun
butts and subsequently murdered by gunshots to the head, thorax and other parts of
the body, with evidence of more injuries and bullet wounds than would have sufficed
to cause their death, if that had been the only intention of the agents of the Peruvian
National Police.
111. The Court has stated that torture is strictly forbidden by International Human
Rights Law.95 Prohibition of torture is absolute and non-revocable, even under the
most difficult circumstances, such as war, the threat of war, “the struggle against
terrorism,” and any other crimes, state of siege or emergency, domestic conflict or
upheaval, suspension of constitutional liberties, domestic political instability, or other
public calamities or emergencies.96
112. An international juridical system of absolute prohibition of all forms of torture,
both physical and psychological, has been established, and it is today part of the
sphere of international jus cogens.97
113. The European Court has pointed out that analysis of the gravity of the acts
that may constitute cruel, inhumane or degrading treatment or torture, is relative
and depends on all the circumstances of the case, such as duration of the treatment,
its physical and mental effects and, in some cases, the sex, age, and health of the
victim, among others.98
93
See Case of Maritza Urrutia, supra note 5, para. 87; Case of Juan Humberto Sánchez, supra note
15, para. 98; Case of Bámaca Velásquez, supra note 68, para. 150; and Case of Cantoral Benavides,
supra note 26, paras. 83, 84 and 89.
94
Case of Castillo Páez, supra note 26, para. 66; and see Case of the “Street Children” (Villagrán
Morales et al.), supra note 68, para. 164.
95
See Case of Maritza Urrutia, supra note 5, para. 89; and Case of Cantoral Benavides, supra note
26, para. 95.
96
See Case of Maritza Urrutia, supra note 5, para. 89; and Case of Cantoral Benavides, supra note
26, para. 95.
97
See Case of Maritza Urrutia, supra note 5, para. 92; and Case of Cantoral Benavides, supra note
26, paras. 102 and 103.
98
See Eur. Court H.R., Case Ireland v. the United Kingdom, Judgment of 18 January 1978, Series
A No. 25, para. 162.
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