23 81. Torture and cruel, inhuman and degrading treatment are strictly prohibited by international human rights law. Nowadays, the absolute prohibition of torture, both physical and psychological, belongs to the domain of international jus cogens.70 The Court has understood that an act that constitutes torture exists when the ill-treatment is: (a) intentional; (b) causes severe physical or mental suffering, and (c) is committed with a purpose or objective,71 including the investigation of crimes. 82. During the testimony he gave, on January 8, 1992, before Court of First Instance No. 13, which was in charge of investigating the reported acts of torture, Juan Carlos Bayarri stated that, following his arrest: He was transferred to an unknown place, which they called ‘the pit’; there, they told him that his father had been brought to the same place and was in a similar situation: in other words, blindfolded and tied up. […] They stripped him, they laid him down on a rubber mattress […] and they questioned him about kidnappings for ransom. Since he was unaware […] of these acts that he was accused of, they applied what is known as the cattle prod to [his] genital area, penis, nipples, anus and the sole of his right foot […]. After that, since he continued to deny any involvement, they again applied the cattle prod and then proceeded to torture him with the socalled ‘hood,’ which consisted of placing a plastic bag over his head to prevent him from breathing, while beating him on the chest with their fists, boxing his ears with open hands, until a very strong blow to the right ear with the fist caused him to hemorrhage and then it was discovered that his eardrum had been perforated. […] Before the court, he declared what he had been instructed by Fraud, not considering it appropriate at that time to mention the torture that, anyway, was plain to see; and he feared greatly for the physical integrity of his family.72 83. The truth of the facts denounced by the victim on that occasion has been proved, as is clear from the different decisions adopted by the Argentine courts. On June 1, 2004, Chamber I of the Federal National Criminal and Correctional Appeals Chamber decided the appeal filed in favor of Juan Carlos Bayarri, the purpose of which was to obtain the annulment of all the legal actions following Mr. Bayarri’s detention, because his defense counsel argued that “the police officials responsible for the case, coerced and tortured him 70 Cf. Martiza Urrutia v. Guatemala. Merits, reparations and costs. Judgment of November 27, 2003. Series C No. 103, para. 92; case of the Miguel Castro Castro Prison v. Peru, supra note 30, para. 271; and Buenos Alves v. Argentina. Merits, reparations and costs. Judgment of May 11, 2007. Series C No.164, para.76. See also, International Covenant on Civil and Political Rights, art. 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Art. 2; Convention on the Rights of the Child, art. 37; International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, art. 10; InterAmerican Convention to Prevent and Punish Torture, art. 2; African Charter on Human and Peoples’ Rights, art. 5; African Charter on the Rights and Welfare of the Child, art. 16; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará), art. 4; European Convention for the Protection of Human Rights and Fundamental Freedoms, art. 3; Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Principle 6; Code of Conduct for Law Enforcement Officials, art. 5; United Nations Rules for the Protection of 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, art. 6; United Nations Standard Minimum Rules for the Administration of Juveniles Justice (The Beijing Rules), rule 17(3); Declaration on the Protection of Women and Children in Emergency and Armed Conflict, art. 4; Guidelines of the Committee of Ministers of the Council of Europe on Human Rights and the Fight against Terrorism, guideline IV; art. 3 common to the four Geneva Conventions; Geneva Convention (III) relative to the Treatment of Prisoners of War, arts. 49, 52, 87, 89 and 97; Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War, arts. 40, 51, 95, 96, 100 and 119; Protocol Additional to the Geneva Conventions of August 12, 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), art. 75(2.ii), and Protocol Additional to the Geneva Conventions of August 12, 1949, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), art. 4.2.a. 71 72 Cf. case of Bueno Alves, supra note 70, para. 79. Cf. testimony of Juan Carlos Bayarri of January 8, 1991 (helpful evidence, exp7176cuerpo16_92.pdf, pages 257 ff.).