172. This Court notes that Article 5(2) of the American Convention establishes that “[n]o
one shall be subjected to torture or to cruel, inhuman or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent
dignity of the human person.” Similarly, Article 37(a) of the Convention on the Rights of the
Child stipulates that States shall ensure that “[n]o child shall be subjected to torture or
other cruel, inhuman or degrading treatment or punishment.” The Court underscores that
this article then establishes that “[…] life imprisonment without possibility of release shall
[not] be imposed for offences committed by persons below eighteen years of age,” and
thus, this international instrument reveals a clear connection between the two prohibitions.
173. This Court has established that torture and cruel, inhuman or degrading treatment or
punishment are strictly prohibited by international human rights law. 237 The prohibition of
torture and cruel, inhuman or degrading treatment or punishment is absolute and nonderogable, even under the most difficult circumstances, such as war, threat of war, the fight
against terrorism and any other crimes, state of siege or emergency, internal conflict or
unrest, suspension of constitutional guarantees, internal political instability or other public
disasters or emergencies. 238 The Court has also indicated that criminal sanctions are an
expression of the punitive power of the State and “entail impairment, withdrawal or
alteration of the rights of the individual, as a result of unlawful conduct.” 239
174. In the area of international human rights law, most relevant treaties only establish,
by fairly similar formulas, that “no one shall be subject to torture or to cruel, inhuman or
degrading treatment.” 240 However, the dynamic nature of the interpretation and application
of this branch of international law has allowed a requirement of proportionality to be
inferred from norms that make no explicit mention of this element. The initial concern in
this regard, focused on the prohibition of torture as a form of persecution and punishment
as well as other forms of cruel, inhuman and degrading treatment has extended to other
areas, including those of State punishments for the perpetration of offenses. Corporal
punishment, the death penalty, and life imprisonment are the main sanctions that are of
concern from the point of view of international human rights law. Therefore, this area refers
not only to the means of punishment, but also to the proportionality of the punishment, as
indicated in this judgment (supra paras. 147, 151, 161, 165 and 166). Therefore,
punishments considered radically disproportionate, such as those that can be described as
atrocious fall within the sphere of application of the articles that contain the prohibition of
torture and cruel, inhuman and degrading treatment. 241 In this regard, the Court observes
that, in the judgment in the cases of Harkins and Edwards v. United Kingdom, the European
Court of Human Rights (hereinafter “the European Court”) established that imposing a
sentence that is severely disproportionate may constitute cruel treatment and, therefore,
237
Cf. Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 95,
and Case of Fleury et al. v. Haiti. Merits and reparations. Judgment of November 23, 2011. Series C No. 236, para.
70.
238
Cf. Case of Lori Berenson Mejía v. Peru. Merits, reparations and costs. Judgment of November 25, 2004.
Series C No. 119, para. 100, and Case of Fleury et al. v. Haiti, para. 70.
239
Cf. Case of Baena Ricardo et al. v. Panama. Merits, reparations and costs. Judgment of February 2, 2001.
Series C No. 72, para. 106, and Case of the Miguel Castro Castro Prison v. Peru. Merits, reparations and costs.
Judgment of November 25, 2006. Series C No. 160, para. 314.
240
For example, Article 5(2) of the American Convention, Article 7 of the International Covenant on Civil and
Political Rights, Article 3 of the European Convention on Human Rights, and Article 5 of the African Charter on
Human and Peoples’ Rights.
241
Cf. ECHR. Cases of Harkins and Edwards v. United Kingdom (No. 9146/07 and No. 32650/07). Judgment
of 17 January 2012, para. 132.
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