treatment. 61 This Tribunal has consistently found in its jurisprudence that this
prohibition today belongs under the domain of jus cogens. 62 The right to humane
treatment cannot be suspended under any circumstance. 63
85.
In this way, an international juridical regime absolutely prohibiting all forms of
torture, both physical and psychological, has been established, and it has recognized
that the threats and the real danger of submitting a person to serious physical harm
produces, under certain circumstances, moral anguish to such a degree that it can be
considered "psychological torture." 64
86.
The Court has already established that, “[the] infringement of the right to
physical and psychological integrity of the human person is a type of violation which has
varying connotations and which encompasses torture and other types of mistreatment or
cruel, inhumane, or degrading treatment whose physical and psychological
consequences may have different degrees of intensity according to the extrinsic and
intrinsic factors which should be proven in each specific situation.”65 That is to say, the
personal characteristics of an alleged victim of torture or of cruel, inhumane, or
degrading treatment must be taken into account when determining if personal integrity
has been violated, as those characteristics can change the individual's perception of
reality, thereby increasing the suffering and the sense of humiliation when the individual
is subjected to certain treatment. 66
87.
The Court notes that the testimony of the relatives and friends of Mr. Iván Eladio
Torres Millacura given before this Tribunal and before the First Precinct agree in that he
was detained by members of the provincial police, taken to the so-called “Km. 8,” had
his clothing and shoes removed, and was beaten. After this, the police warned him that
he had to "run" to save his life and proceeded to fire at him as he threw himself into the
brush to save himself from the bullets.67
88.
For the Court, it is evident that the fact that police authorities forced Mr. Torres
Millacura to undress and subjected him to beatings and threats to his life with firearms,
forcing him to run into the brush to avoid an apparent execution by firing squad while he
61
Cf. Case of Ximenes Lopes V. Brazil. Merits, Reparations and Costs. Judgment of July 4, 2006. Series
C No. 149, para. 126.
62
Cf. Case of Cantoral Benavides V. Perú. Merits. Judgment of August 18, 2000. Series C No. 69, para.
95; Case of Bueno Alves V. Argentina, supra note 13, para. 76, and Case of Bayarri V. Argentina. Preliminary
Objection, Merits, Reparations and Costs. Judgment of October 30, 2008. Series C No. 187, para. 81.
63
Cf. Case of the “Juvenile Reeducation Institute” V. Paraguay, supra note 53, para. 157; Case of
Ximenes Lopes V. Brazil, supra note 62, para. 126, and Case of Servellón García et al. V. Honduras, supra note
51, para. 97.
64
Cf. Case of Cantoral Benavides V. Perú, supra note 63, para. 102; Case of Baldeón García V. Perú.
Merits, Reparations and Costs. Judgment of April 6, 2006. Series C No. 147, para. 119, and Case of del Penal
Miguel Castro Castro V. Perú. Merits, Reparations and Costs. Judgment of November 25, 2006. Series C No.
160, para. 272.
65
Cf. Case of Loayza Tamayo V. Perú, supra note 28, para. 57; Case of Caesar V. Trinidad and Tobago.
Merits, Reparations and Costs. Judgment of March 11, 2005. Series C No. 123, para. 69, and Case of Cabrera
García and Montiel Flores V. México, supra note 51, para. 133.
66
Cf. Case of Ximenes Lopes V. Brazil, supra note 62, para. 127.
67
Cf. Testimony rendered by María Leontina Millacura Llaipén during a public hearing; Testimony
rendered before the notary public (affidávit) by Tamara Elizabeth Bolívar (case file on the merits, tome II, folio
1120); Testimony rendered before notary public (affidávit) by Marcos Alejandro Torres Millacura (case file on
the merits, tome II, folio 1174); Testimony of Walter Marcos Mansilla rendered before the first precinct of
Comodoro Rivadavia’s on October 16, 2003 (case file of annexes to the application, tome X, folio 7214);
Testimony of Tamara Elizabeth Bolívar rendered before the First Precinct of Comodoro Rivadavia on October
21, 2003 (case file of annexes to the application, tome X, folio 7241), and Testimony of Cristian Eduardo
Gamin rendered before the First Precinct of Comodoro Rivadavia on October 22, 2003 (case file of annexes to
the application, tome X, folio 7249).
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