esteem. 664 Therefore, the Court considers that some of the ill-treatment to which Yolanda Santodomingo Albericci was subjected was aggravated owing to her condition as a woman and was gender-based. Consequently, it finds that these acts constituted violence against women. 428. The Court considers that, although it had the same purpose of making him “confess” supposed links to the M-19, the ill-treatment inflicted on Orlando Quijano caused less intense suffering. To reach this conclusion, the Court has taken note of the testimony of Mr. Quijano himself according to which “there was no torture, but rather degrading treatment because any investigation should be based on respect and human dignity.” 665 Accordingly, the Court concludes that the ill-treatment suffered by Mr. Quijano constituted cruel and degrading treatment, in violation of Article 5(1) and 5(2) of the Convention, in relation to Article 1(1) of this instrument. XI RIGHTS TO JUDICIAL GUARANTEES AND TO JUDICIAL PROTECTION IN RELATION TO THE OBLIGATION TO RESPECT AND TO ENSURE RIGHTS 429. In this chapter, the Court will summarize the arguments of the parties and of the Inter-American Commission, and will then rule on the alleged violations of Articles 8(1) 666 and 25(1) 667 of the American Convention, in relation to Article 1(1) of this instrument, Articles I(b) and XI of the Inter-American Convention on Forced Disappearance and Articles 1, 668 6 669 and 8 670 of the Inter-American Convention against Torture. 664 Thus, Ms. Santodomingo Albericci has testified consistently that she “protested” so that they would not cut her hair because her “mother had not let [her] grow her hair,” and she told the expert witness psychologist that she “found this very traumatic.” Cf. Expert appraisal by Ana Deutsch of Yolanda Santodomingo (evidence file, folio 35988). 665 Cf. Testimony of Orlando Quijano of June 2, 2006, before the Prosecution Service (evidence file, folio 1267). Similarly, in his 1986 statement, he indicated that, in his case “during the time [he] was at the Casa del Florero [he] was insulted, sworn at, pushed around, and made to stand with his hands on his head, but after that there was no type of coercion; the treatment was normal, [he] was not struck or insulted or threatened; in other words, the treatment was fairly decent.” Cf. Testimony of Orlando Quijano of January 8, 1986, before the 41st Itinerant Criminal Investigation Court (evidence file, folio 24132). 666 Article 8(1) of the Convention establishes that: “[e]very person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.” 667 Article 25(1) of the Convention establishes that: “[e]veryone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.” 668 Article 1 of the Inter-American Convention against Torture establishes that: “[t]he State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.” 669 Article 6 of the Inter-American Convention against Torture establishes that: “[i]n accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman or degrading treatment or punishment within their jurisdiction.” 670 Article 8 of the Inter-American Convention against Torture establishes that: “[t]he States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal proceedings. After all the domestic legal procedures of the respective State and the corresponding appeals have been exhausted, the case may be submitted to the international fora whose competence has been recognized by that State.” 150

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