200. Now, to define what, in light of Article 5(2) of the American Convention, should be
understood as “torture,” according to the Court’s case law, an act constitutes torture when
the ill-treatment: (a) is intentional; (b) causes severe physical or mental suffering, and (c)
is committed with a specific purpose or objective. 272
201. In addition, this Court has indicated that the violation of the right to physical and
mental integrity of the individual has different levels of connotation and ranges from torture
to other types of abuse, or cruel, inhuman or degrading treatment, the physical and mental
consequences of which vary in intensity according to factors that are endogenous and
exogenous to the individual (such as duration of the treatment, age, sex, health, context,
and vulnerability), which must be analyzed in each specific situation. 273 In other words, the
personal characteristics of a supposed victim of torture or cruel, inhuman or degrading
treatment, must be taken into account when determining whether his or her personal
integrity was violated, because these characteristics can change the individual’s perception
of the reality and, consequently, increase the suffering and the feeling of humiliation when
subjected to certain types of treatment. 274
202. Moreover, the Court has indicated that, in its capacity as guarantor of the rights
established in the Convention, the State is responsible for respecting the right to personal
integrity of every individual in its custody. 275 Thus, this Court reiterates that, since the State
is responsible for detention centers and prisons, it has the obligation to safeguard the health
and well-being of the persons deprived of liberty, and to guarantee that the manner and
method of deprivation of liberty does not exceed the inevitable level of suffering inherent in
detention. 276
203.
In addition, the Court’s case law has indicated that whenever an individual is
deprived of liberty in normal health and subsequently displays health problems, the State
must provide a satisfactory and credible explanation for this situation 277 and disprove the
allegations of its responsibility with adequate probative elements. 278 In circumstances such
as those of the instant case, the absence of this explanation leads to the presumption of
State responsibility for the injuries revealed by a person who has been in the custody of
State agents. 279
the Protection of Victims of Non-international Armed Conflicts (Protocol II), Art. 4.2.a. Cf. Case of Fleury et al. v.
Haiti. Merits and reparations, para. 71.
272
Cf. Case of Bueno Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C
No. 164, para. 79, and Case of Fleury et al. v. Haiti, para. 72.
273
Cf. Case of Loayza Tamayo v. Peru. Merits, paras. 57 and 58, and Case of Fleury et al. v. Haiti, para. 73.
274
Cf. Case of Ximenes Lopes v. Brazil. Judgment of July 4, 2006. Series C No. 149, para. 127, and Case of
Vélez Restrepo and family members v. Colombia. Preliminary objection, merits, reparations and costs. Judgment of
September 3, 2012 Series C No. 248, para. 176.
275
Cf. Case of López Álvarez v. Honduras. Merits, reparations and costs. Judgment of February 1, 2006.
Series C No. 141, paras. 104 to 106, and Case of Cabrera García and Montiel Flores v. Mexico. Preliminary
objection, merits, reparations and costs. Judgment of November 26, 2010. Series C No. 220, para. 134.
276
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay. Preliminary objections, merits,
reparations and costs. Judgment of September 2, 2004. Series C No. 112, para. 159, and Case of Díaz Peña v.
Venezuela. Preliminary objection, merits, reparations and costs. Judgment of June 26, 2012. Series C No. 244,
para. 135.
277
Cf. Case of Juan Humberto Sánchez v. Honduras. Preliminary objection, merits, reparations and costs.
Judgment of June 7, 2003. Series C No. 99, para. 100, and Case of Fleury et al. v. Haiti, para. 77.
278
Cf. Case of Juan Humberto Sánchez v. Honduras, para. 111, and Case of Fleury et al. v. Haiti, para. 77.
279
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, paras. 95 and 170, and
Case of Fleury et al. v. Haiti, para. 77.
67