16 During the lashing, Mr. Caesar screamed out in pain, and eventually fainted. When he regained consciousness, the Superintendent ordered that he be taken to the infirmary. 49(29). There are no medical records regarding the administration of Mr. Caesar's corporal punishment. Physical and psychological consequences of Mr. Caesar's corporal punishment 49(30). Mr. Caesar remained in the infirmary for two months after the corporal punishment, and did not receive any medical treatment for the flogging except for orally-administered painkillers. Mr. Caesar continues to suffer pain in his shoulders. 49(31). As a result of the punishment, Mr. Caesar has suffered depression, and acute anxiety of sufficient severity to warrant a diagnosis of, at a minimum, an adjustment disorder. 49(32). Mr. Caesar may have suffered from post-traumatic stress disorder in the the first or second year after the corporal punishment was inflicted. Although he continues to have some post-traumatic stress disorder symptoms, such as depressed mood, intrusive recollections, and a sensation of something hitting his back, which causes his shoulder to twitch involuntarily, they do not currently meet the diagnosis of that disorder. Regarding Mr. Caesar's damages 49(33). The facts of the present case have resulted in the alteration of Mr. Caesar's physical and psychological condition, causing him damages. VIII ARTICLES 5(1) AND 5(2) OF THE AMERICAN CONVENTION IN CONJUNCTION WITH ARTICLES 1.1 AND 2 OF THE CONVENTION (RIGHT TO PERSONAL INTEGRITY) Arguments of the Commission 50. With regard to Article 5 of the American Convention, the Inter-American Commission argued that: a) the concept of “inhuman treatment” includes “degrading treatment”; b) torture is an aggravated form of inhuman treatment perpetrated with the purpose of obtaining information, confessions or inflicting a punishment. The essential criterion by which to distinguish torture from other cruel, inhuman or degrading treatments or punishment consists in the intensity of the suffering inflicted; c) many instruments of human rights law or international humanitarian law expressly prohibit corporal punishment. Furthermore, many international and national tribunals and authorities have considered that corporal punishment is incompatible with national and international guarantees against torture and other inhuman treatment, such as the United Nations Special Rapporteur on

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