mental capacity to achieve a specific purpose.”266 Regarding the concept of torture, Article 5(2)
of the Convention should be understood in relation to the foregoing and it should be concluded
that it encompasses acts of ill-treatment that: (i) are intentional; (ii) cause severe physical or
mental suffering, and (iii) are committed with an objective or purpose.267
184. Owing to their severity, the Court underscores the acts of torture committed by the police
against Víctor Manuel Boggiano Bruzzón. Also, during the raid on the house in Juan Manuel
Cáceres Passage, it has been proved that Carlos Enrique Castro Ramírez, Eladio Cruz Añez and
F.P.E.M. were beaten and plastic bags were placed over their heads and filled with gas. According
to the Istanbul Protocol, this practice is classified as torture.268 Likewise, according to his
statement, Raúl Oswaldo Lulleman’s feet were beaten, severely injuring his toes and causing him
to lose several toenails, which is consistent with falanga [application of blunt trauma to the feet],
classified as torture by the Istanbul Protocol.269 In these cases, the intentionality of the illtreatment is evident, because the law enforcement agents acted with a specific objective or
purpose, which was to force the alleged victims to confess to their presumed implication in the
robbery of the Prosegur truck. Therefore, this Court finds that, owing to the acts committed by
law enforcement personnel during the raids, Víctor Manuel Boggiano Bruzzón, Carlos Enrique
Castro Ramírez, Eladio Cruz Añez, F.P.E.M. and Raúl Oswaldo Lulleman were subjected to torture.
B.3. The particular sexual violence and torture suffered by the women
185. The Court understands that it must incorporate a gender perspective into the analysis of
acts that constitute ill-treatment because this allows it to make a more precise examination of the
nature, severity and implications of such acts, as well as, when applicable, their roots in
discriminatory attitudes.270 In this regard, acts of sexual violence may have their own
particularities in the case of women and girls.271
186. Regarding sexual violence and rape, this Court’s case law has recognized that these forms
of sexual violence may constitute cruel, inhuman or degrading treatment, and even torture, if
Cf. Case of Guzmán Albarracín et al. v. Ecuador. Merits, reparations and costs. Judgment of June 24, 2020.
Series C No. 405, para. 152, and Case of Guerrero, Molina et al. v. Venezuela. Merits, reparations and costs. Judgment
of June 3, 2021. Series C No. 424, para. 113.
266
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 Guerrero, Molina et al. v. Venezuela, supra, para. 113.
267
Cf. United Nations, Office of the High Commissioner for Human Rights, Istanbul Protocol (Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) New
York and Geneva, 2004, para. 214.
268
Cf. United Nations, Office of the High Commissioner for Human Rights, Istanbul Protocol (Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) New
York and Geneva, 2004, para. 203.
269
270
The Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has made
similar remarks in relation to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, indicating that “[f]ull integration of a gender perspective into any analysis of torture and ill-treatment is
critical to ensuring that violations rooted in discriminatory social norms around gender and sexuality are fully
recognized, addressed and remedied.” (Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, UN Doc. A/HRC/31/57, January 5, 2016, para. 6.)
In the sphere of the United Nations, the Special Rapporteur of the Commission on Human Rights on torture
and other cruel, inhuman or degrading treatment or punishment has indicated that women “are subjected to genderspecific forms of torture, including rape, sexual abuse and harassment, virginity testing, forced abortion or forced
miscarriage.” He also indicated that “forms of sexual abuse” may constitute acts of torture of children” (Interim report
presented by the Special Rapporteur to the Commission on Human Rights on torture and other cruel, inhuman or
degrading treatment or punishment, UN Doc. A/55/290, August 11, 2000, paras. 5 and 10.)
271
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