she remained in the DINCOTE.” The State indicated that “the human rights violations denounced have not been investigated […] because, in the opinion of the Peruvian State, these human rights violations do not exist.” It also indicated that “on different occasions, J. was given the opportunity to make a statement before prosecution, police and judicial authorities that she had been a victim of presumed acts contrary to her personal integrity.” It pointed out that the statements made by J. were “fairly general,” so that the domestic authorities had not identified “a specific situation that was contrary [to the right to personal integrity] and that could be identified as an act of torture in order to conduct an investigation.” In this regard, it stressed the J. had a lawyer with broad experience in criminal matters, “so that if acts of physical violence and rape had been committed against her […], they would have denounced them immediately before the competent authorities.” B) General considerations of the Court 302. In the instant case a dispute exists between the parties as to whether Ms. J. was subjected to ill-treatment, including rape, at the time of her initial arrest and during her detention on the premises of the DINCOTE. There is also a dispute between the parties with regard to the legal definition of the presumed ill-treatment. 303. Article 5(1) of the Convention establishes, in general terms, the right to physical, mental and moral personal integrity. Meanwhile, Article 5(2) establishes, in a more specific way, the absolute prohibition to subject someone to torture or to cruel, inhuman or degrading treatment or punishment, as well as the right of all persons deprived of liberty to be treated with respect for the inherent dignity of the human person. 414 The Court understands that any violation of Article 5(2) of the American Convention necessarily entails a violation of Article 5(1) thereof. 415 304. This Court has established that torture and cruel, inhuman or degrading treatment or punishment are strictly prohibited by international human rights law. 416 The prohibition of torture and cruel, inhuman or degrading treatment or punishment is absolute and non-derogable, even in the most difficult circumstances, such as war, threat of war, the fight against terrorism or any other crime, internal states of emergency, unrest or conflict, suspension of constitutional guarantees, internal political instability, or other public emergencies or catastrophes. 417 Both universal 418 and regional 419 treaties establish this prohibition and the non-derogable right not to be subjected to any 414 The principles recognized in Article 5(2) of the Convention are also contained in Articles 7 and 10(1) of the International Covenant on Civil and Political Rights which establish that “[n]o one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment” and that “[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” The first and sixth principles of the Body of Principles for the Protection of All Persons under Any Form of Detention of Imprisonment stipulate the same. For its part, Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms establishes that “[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Cf. International Covenant on Civil and Political Rights, Articles 7 and 10(1); Body of Principles for the Protection of All Persons under Any Form of Detention of Imprisonment , Principles 1 and 6; and European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 3. See also, Case of Yvon Neptune v. Haiti, supra, para. 129, and Case of Fleury et al. v. Haiti, supra, para. 68. 415 Cf. Case of Yvon Neptune v. Haiti, supra, para. 129, and Case of Fleury et al. v. Haiti, supra, para. 68. 416 Cf. Case of Cantoral Benavides v. Peru. Merits, supra, para. 95, and Case of Mendoza et al. v. Argentina, supra, para. 173. 417 Cf. Case of Lori Berenson Mejía v. Peru. Merits, reparations and costs, supra, para. 100, and Case of Mendoza et al. v. Argentina, supra, para. 173. 418 Cf. International Covenant on Civil and Political Rights, article 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 2; Convention on the Rights of the Child, article 10. 419 Cf. Inter-American Convention to Prevent and Punish Torture, articles 1 and 5; African Charter on Human and Peoples’ Rights , article 5; African Charter on the Rights and Welfare of the Child, article 16; Convention of Belém do Pará, article 4, and European Convention on Human Rights, article 3. 88