117 is an extremely traumatic experience that may have serious consequences163 and it causes great physical and psychological damage that leaves the victim “physically and emotionally humiliated”, situation difficult to overcome with time, contrary to what happens with other traumatic experiences.164 312. Based on the aforementioned and taking into consideration that stated in Article 2 of the Inter-American Convention to Prevent and Punish Torture, this Tribunal concludes that the acts of sexual violence to which an inmate was submitted under an alleged finger vaginal “examination” (supra para. 309) constituted sexual rape that due to its effects constituted torture. Therefore, the State is responsible for the violation of the right to humane treatment enshrined in Article 5(2) of the American Convention, as well as for the violation of Articles 1, 6, and 8 of the mention Inter-American Convention to Prevent and Punish Torture, in detriment of the female inmate indicated in Appendix 2 of victims of the present Judgment that for these effects is considered part of the same. 313. The Special Rapporteur of the UN for Violence against Women has established, referring to the violence against women within a context of an armed conflict, that “[s]exual aggression is often considered and practiced as a means to humiliate the adversary” and that “sexual rape is used by both parties as a symbolic act.” 165 This Tribunal acknowledges that sexual violence against women has devastating physical, emotional, and psychological consequences for them,166 which are exacerbated in the cases of women who are imprisoned.167 4) General detention conditions to which the inmates were submitted after “Operative Transfer 1” 314. Criminal sanctions are an expression of the State’s punitive power and “they imply detriment, deprivation, alteration of a person’s rights, as a consequence of an 163 Cfr. U.N., Human Rights Commission. 50° meeting session. Matter of the human rights of all persons submitted to any form of detention or imprisonment, and especially torture and other cruel, inhuman, or degrading treatments or punishments. Report of the Special Rapporteur, Mr. Nigel S. Rodley, presented in accordance to resolution 1992/32 of the Human Rights Commission. Doc. E/CN.4/1995/34 of January 12, 1995, para. 19. 164 Cfr. Eur.C.H.R., Case of Aydin v. Turkey (GC), Judgment of 25 September 1997, App. No. 57/1996/676/866, para. 83. 165 Cfr. U.N., Human Rights Commission, 54º meeting period. Report presented by Mrs. Radhika Coomaraswamy, Special Rapporteur on violence against women, with the inclusion of its causes and consequence, pursuant to resolution 1997/44 of the Commission. Doc. E/CN.4/1998/54 of January 26, 1998, paras. 12 and 13. 166 Cfr. U.N, Human Rights Commission, 54º session. Report presented by Mrs. Radhika Coomaraswamy, Special Rapporteur on violence against women, with the inclusion of its causes and consequences, pursuant to resolution 1997/44 of the Commission. Doc. E/CN.4/1998/54 of January 26, 1998, para. 14. 167 Cfr. Oral presentation before the Human Rights Commission of the Special Rapporteur of the United Nations on Torture, Peter Kooijmans, included in: U.N., Commission on Human Rights. 48º session. Summary Record of the 21st Meeting, Doc. E/CN.4/1992/SR.21 of February 21, 1992, para. 35; and U.N., Human Rights Commission. 50° session. Matter of the human rights of all persons submitted to any form of detention or imprisonment, and especially torture and other cruel, inhuman, or degrading treatments or punishments. Report of the Special Rapporteur, Mr. Nigel S. Rodley, presented in accordance to resolution 1992/32 of the Human Rights Commission. Doc. E/CN.4/1995/34 of January 12, 1995, para. 16.

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