61
126. The Court has considered that it has been proved that Mrs. De La Cruz Flores
was incommunicado during the first month of her detention, and in continuous
solitary confinement for the first year, and that the visits she could receive were
extremely restricted (supra para. 73(55)).
127. This Court has already stated that “[i]nternational human rights law has
established that incommunicado must be exceptional and its use during detention
may constitute an act against human dignity,”111 since it may produce a situation of
extreme psychological and moral suffering for the detainee.112
128. Similarly, as of its first judgments, the Inter-American Court has considered
that “the prolonged isolation and compulsory incommunicado to which the victim is
subjected represent, in themselves, forms of cruel and inhuman treatment, harmful
to the psychological and moral integrity of the individual and of the right of all those
detained to respect for their inherent dignity as human beings.”113
129.
In this regard, the Court has indicated that:
One of the reasons why incommunicado is conceived as an exceptional instrument is
because of the grave effects it has on the person detained. Indeed, isolation from the
exterior world produces moral and psychological suffering in the person detained,
placing him in a particularly vulnerable situation and increasing the risk of aggression
and abuse of power in prisons.114
130. The mere confirmation that the alleged victim was deprived of all
communication with the external world for a month allows the Court to conclude that
María Teresa De La Cruz Flores was subjected to cruel, inhuman and degrading
treatment. During her incommunicado, she was confined in unhealthy conditions and
could not change her clothes for a month (supra para. 73(55)). Moreover, under
article 20 of Decree Law No. 25,475, during the year she was in isolation, she could
only go out into the exercise yard for 30 minutes a day, had very limited possibilities
of reading, and had an extremely restricted visiting regime. All these facts denote
that the treatment to which Mrs. De La Cruz Flores was subjected was cruel,
inhuman and degrading.
131. Added to the above, in the instant case, it has been proved that Mrs. De La
Cruz Flores suffered from various physical ailments during her detention, for which
she received inadequate medical care (supra para. 73(54)); this does not satisfy the
minimum material requirements of dignified treatment appropriate to her status as a
human being, as established in Article 5 of the American Convention.
111
Cf. Case of Cantoral Benavides, supra note 29, para. 82.
112
Cf. Case of Maritza Urrutia, supra note 104, para. 87; Case of Bámaca Velásquez. Judgment of
November 25, 2000. Series C No. 70, para. 150; and Case of Cantoral Benavides, supra note 29, para.
84.
113
Cf. Case of Maritza Urrutia, supra note 104, para. 87; Case of Bámaca Velásquez, supra note
112, para. 150; Case of Cantoral Benavides, supra note 29, para. 83; Case of Fairén Garbi and Solís
Corrales. Judgment of March 15, 1989. Series C No. 6, para. 149; Case of Godínez Cruz. Judgment of
January 20, 1989. Series C No. 5, para. 164; and Case of Velásquez Rodríguez. Judgment of July 29,
1988. Series C No. 4, para. 156.
114
Case of Suárez Rosero, supra note 103, para. 90; and Cf. Case of Maritza Urrutia, supra note
104, para. 87; Case of Bámaca Velásquez, supra note 112, para. 150, and Case of Cantoral Benavides,
supra note 29, para. 84.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents