75
146. Pursuant to this definition and to the circumstances of each case, acts that
have been “planned and inflicted deliberately upon the victim to wear down his
psychological resistance and force him to incriminate himself or to confess to certain
illegal activities, or to subject him to other types of punishment, in addition to
imprisonment itself” can be classified as physical and psychological torture.”149
147. This Court has established that a “person who is unlawfully detained is in an
exacerbated situation of vulnerability creating a real risk that his other rights, such
as the right to humane treatment and to be treated with dignity, will be violated.”150
The Court has also recognized that threats and the real danger of subjecting a
person to physical injury, under certain circumstances, cause such a moral anguish
that they may be considered psychological torture.151
148. It has been proven in the instant case that during March and April 1996, while
Daniel Tibi was detained at the Penitenciaría del Litoral, the prison guards inflicted
physical violence sessions on him with the aim of obtaining his self-incrimination
(supra para. 90(50)). During those sessions, the alleged victim suffered fist blows
on the body and face, cigarette burns on his legs, and electrical discharges on his
testicles. Once, he was hit with a contusive object, and another time his head was
submerged in a water tank. Mr. Tibi suffered at least seven such “sessions” (supra
para. 90.50).
149. The acts of violence intentionally committed by agents of the State against
Daniel Tibi caused him grave physical and mental suffering. The aim of repetitive
execution of these violent acts was to diminish his physical and mental abilities and
annul his personality for him to plead guilty of a crime. It has also been proven in
the sub judice case that the alleged victim was threatened and suffered harassment
during the period when he was detained, and this made him feel panic and fear for
his life. All this is a form of torture, under the terms set forth in Article 5(2) of the
American Convention.
150. Pursuant to this provision, a person deprived of his or her liberty has the right
to live in a detention situation that is compatible with his or her personal dignity.152
In other cases, the Court has pointed out that keeping a detainee in overcrowded
conditions, lacking natural light and ventilation, without a bed to rest on or adequate
hygiene conditions, in isolation and incommunicado or with undue restrictions to the
system of visits, constitutes a violation of that person’s right to humane
treatment.153 Since the State is responsible for the detention centers, it must
guarantee the inmates conditions that safeguard their rights.154
149
See Case of Maritza Urrutia, supra note 8, para. 104; and Case of Cantoral Benavides, supra note
139, para. 104.
150
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 108; Case of Maritza Urrutia,
supra note 8, para. 87; and Case of Juan Humberto Sánchez , supra note 3, para. 96.
151
See Case of Maritza Urrutia, supra note 8, para. 92; and Case of Cantoral Benavides, supra note
139, para. 102.
152
See Case of Bulacio, supra note 129, para. 126; and Case of Cantoral Benavides, supra note 139,
para. 87.
153
See Case of Cantoral Benavides, supra note 139, paras. 85 al 89; and Case of Loayza Tamayo.
September 17, 1997 Judgment. Series C No. 33, para. 58.
154
See Case of Bulacio, supra note 129, para. 126.
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