that any violation of Article 5(2) of the Convention necessarily results in the violation of
Article 5(1) thereof.51
69.
The Court will refer below to the following: (1) the alleged acts of torture and other
cruel, inhuman and degrading treatment perpetrated against Mr. Fleury; (2) the conditions
in which Mr. Fleury was detained, and (3) the alleged violation of the right to personal
integrity to the detriment of Mr. Fleury’s family. The alleged non-compliance with the
obligation to investigate these facts will be addressed in the chapter on the rights to judicial
guarantees and judicial protection of Mr. Fleury and of his family.
1. The alleged acts of torture and other cruel, inhuman and degrading
treatment perpetrated against Mr. Fleury
70.
First, the Court reiterates its case law to the effect that torture and cruel, inhuman or
degrading punishment or treatment are strictly prohibited by international human rights
law. The absolute prohibition of torture, both physical and mental, belongs today to the
domain of international jus cogens.52 This prohibition subsists even under the most difficult
circumstances such as war, threat of war, the fight against terrorism and any other crimes,
state of siege or emergency, civil unrest or domestic conflict, suspension of constitutional
guarantees, domestic political instability, or other public emergencies or disasters.53
71.
Universal54 and regional55 treaties establish this prohibition, together with the nonrepealable right of all human beings not to be subject to any form of torture. Several
international instruments also embody this right and reiterate this prohibition,56 even those
relating to international humanitarian law.57
“[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of
the human person.” The sixth and first principles of the Body of Principles for the Protection of All Persons under
any form of Detention or Imprisonment, respectively, state the same. For its part, Article 3 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms provides that “[n]o one shall be
subjected to torture or to inhuman or degrading treatment or punishment.” Cf. International Covenant on Civil and
Political Rights, Arts. 7 and 10(1); Body of Principles for the Protection of all Persons under Any Form of Detention
or Imprisonment, principles 1 and 6, and European Convention for the Protection of Human Rights and
Fundamental Freedoms, Art. 3.
51
Cf. Case of Yvon Neptune v. Haiti, supra note 7, para. 129.
52
Cf. Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 95
and Case of Torres Millacura et al. v. Argentina, supra note 17, para. 86.
53
Cf. Case of Cantoral Benavides v. Peru, supra note 52, para. 95 and Case of Anzualdo Castro v. Peru.
Preliminary objection, merits, reparations and costs. Judgment of September 22, 2009. Series C No. 202, para.
199.
54
International Covenant on Civil and Political Rights, Article 7; Convention against Torture and Other Cruel
Inhuman or Degrading Treatment or Punishment, Article 2; Convention on the Rights of the Child, Article 37, and
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,
Article 10.
55
Inter-American Convention to Prevent and Punish Torture, Article 2; African Charter on Human and
Peoples' Rights, Article 5; African Charter on the Rights and Welfare of the Child, Article 16; Inter-American
Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do
Pará), Article 4, and European Convention for the Protection of Human Rights and Fundamental Freedoms, Article
3.
56
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle
6; Code of Conduct for Law Enforcement Officers, Article 5; United Nations Rules for Juveniles Deprived of their
Liberty, Rule 87(a); Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which
they Live, Article 6; United Nations Minimum Rules for the Administration of Juvenile Justice (Beijing Rules), Rule
17(3); Declaration on the Protection of Women and Children in Emergency and Armed Conflict, Article 4, and
20