to personal liberty, such as the right to privacy and to family life.377 Nevertheless, this
restriction of rights – the result of the deprivation of liberty or a collateral effect – must be
limited strictly, because any restriction of a human right can only be justified in international
law when it is necessary in a democratic society.378 Although the Court has also stated that the
restriction of the right to personal integrity, among others, is not justified based on the
deprivation of liberty and is prohibited by international law,379 an examination of the judgments
in the cases heard by this Court in this regard reveals that these were cases in which the
conditions of the deprivation of liberty were cruel, inhuman or degrading, and even caused
death or injuries, often serious, to a large number of prisoners.380
391. In this case, it has not been alleged, nor does it appear in the case file, that the
presumed victims were subject to cruel, inhuman or degrading treatment, or to abuse or
differentiated treatment that harmed them. The allegations in relation to the violations of
personal integrity refer to what the Court has called a collateral effect of the situation of
deprivation of liberty.381
392. Between 2002 and 2007, while they were being prosecuted for terrorist offenses,
Segundo Aniceto Norín Catrimán, Pascual Huentequeo Pichún Paillalao, Juan Patricio and
Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán and Patricia Roxana
Troncoso Robles went on hunger strike several times.382 It could be considered that these
hunger strikes could have been undertaken in order to protest against inhuman prison
conditions and as a measure to get these changed. However, the case file shows that these
hunger strikes had different motives related to the detention and prosecution of the presumed
victims and to the fact that the Counter-terrorism Act had been applied to them.383 They were
undertaken in order to be heard by the authorities, to denounce the irregularities in their
judicial proceedings and to demand their release or, otherwise, to obtain prison benefits, as well
377
Cf. Case of the Gómez Paquiyauri Brothers v. Peru. Merits, reparations and costs. Judgment of July 8, 2004. Series C
No. 110, para. 108, and Case of Vélez Loor v. Panama, para. 209.
378
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay, para. 154. Similarly, Case of Montero Aranguren et
al. (Retén de Catia) v. Venezuela. Merits, reparations and costs. Judgment of July 5, 2006. Series C No. 150, para. 113, and
Case of Vélez Loor v. Panama, para. 209.
379
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay, para. 155, and Case of Fleury et al. v. Haiti. Merits
and reparations. Judgment of November 23, 2011. Series C No. 236, para. 84.
380
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay, para. 170, and Case of Pacheco Teruel et al. v.
Honduras, para. 60.
381
209.
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay, para. 154, and Case of Vélez Loor v. Panama, para.
382
Cf. Note 09.01.03.55/02 of August 7, 2002, signed by the Head of the Traiguén Preventive Detention Center and
addressed to the Head of the Genchi Security Department, Santiago; Note 09.01.01.229/02 of February 16, 2002, signed
by the Head of the Angol Preventive Detention Center and addressed to the judge of the Traiguén Guarantees Court; Note
09.01.03.23/02 of August 20, 2002, signed by the Head of the Traiguén Preventive Detention Center and addressed to the
Head of the Genchi Security Department, Santiago; Note 09.01.01.1384/03 of August 21, 2003, signed by the Head of the
Angol Preventive Detention Center and addressed to the judge of the Collipulli Court with combined jurisdiction (file of
annexes to the Merits Report 176/10, appendix 1, folios 4391, 4438, 4541 and 9131); written statement made on May 27,
2013, by presumed victim Patricia Roxana Troncoso Robles, and affidavit prepared on May 17, 2013, by presumed victim
José Benicio Huenchunao Mariñá) (file of statements of presumed victims, witnesses and expert witnesses, folios 191 and
207), and statement made by presumed victim Florencio Jaime Marileo Saravia before the Inter-American Court during the
public hearing held on May 29 and 30, 2013.
383
Cf. Written statement made on May 27, 2013, by presumed victim Patricia Roxana Troncoso Robles (file of
statements of presumed victims, witnesses and expert witnesses, folio 652); affidavit prepared on May 14, 2013, by
presumed victim Juan Patricio Marileo Saravia (file of statements of presumed victims, witnesses and expert witnesses, folio
191), and Note No. 06 of October 13, 2003, signed by the Head of the Victoria Prison Sentences Center addressed to the
Head of the Security Department, Chilean Prison Service (file of annexes to the Merits Report 176/10, appendix 1, folio
9196).
131
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents