118
unlawful behavior.”168 However, the injuries, suffering, health damages or general
damages suffered by a person while they are imprisoned may be a form of cruel
punishment when, due to the conditions of the confinement, there is a deterioration
of physical, psychic, and moral integrity, strictly prohibited by subparagraph 2 of
Article 5 of the Convention, which is not a natural and direct consequence of the
deprivation of freedom itself. When dealing with convicted individuals, the situations
described are contrary to the “essential purpose” of a prison term, as established in
subparagraph 6 of the mentioned Article, that is, “the reform and social readaptation
of the prisoners”. Judicial authorities must take these circumstances into
consideration when applying or evaluating the punishments established.169 The
previous considerations are applicable, in what is relevant, to provisional or
precautionary deprivation of liberty, with regard to the treatment that must be
offered to the prisoners, since the international legislation that governs it includes
rules applicable both to inmates in preventive detention and convicted prisoners.170
315. Pursuant to Article 5 of the Convention, any person deprived of their liberty
has the right to live in a situation of imprisonment compatible with the personal
dignity.171 On other opportunities, this Tribunal has stated that imprisonment in
overcrowded conditions, isolation in a reduced cell, with lack of ventilation and
natural light, without a bed to lie in or adequate hygiene condition, and solitary
confinement or unnecessary restrictions to visitation regimens constitute a violation
to the right to humane treatment.172 As responsible for the detention establishments,
the State must guarantee inmates conditions that respect their fundamental rights
and protect their dignity.173
316. In the analysis of the seriousness of the acts that may constitute cruel,
inhuman, or degrading treatments or torture it is necessary to weigh in all the
circumstances of the case, such as the duration of the treatments, their physical and
168
Cfr. Case of García Asto and Ramírez Rojas, supra note 122, para. 223; Case of Lori Berenson
Mejía. Judgment of November 25, 2004. Series C No. 119, para. 101; and Case of Baena Ricardo et al.
Judgment of February 2, 2001. Series C No. 72, para. 106.
169
Cfr. Case of García Asto and Ramírez Rojas, supra note 122, para. 223; and Case of Lori
Berenson Mejía, supra note 168, para. 101.
170
Cfr. United Nations, Office of the High Commissioner for Human Rights. Minimum rules for the
treatment of prisoners, adopted by the First United Nations Congress on the Prevention of Crime and
Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its
resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977.
171
Cfr. Case of López Álvarez, supra note 146, para. 105 to 106; Case of García Asto and Ramírez
Rojas, supra note 122, para. 221; and Case of Raxcacó Reyes. Judgment of September 15, 2005. Series C
No. 133, para. 95.
172
Cfr. Case of García Asto and Ramírez Rojas, supra note 122, para. 221; Case of Raxcacó Reyes,
supra note 171, para. 95; and Case of Fermín Ramírez. Judgment of June 20, 2005. Series C No. 126,
para. 118. In the same sense, cfr. U.N., Minimum rules for the treatment of prisoners, Adopted by the
First United Nations Congress on the Prevention of Crime and Treatment of Offenders, held at Geneva in
1955, and approved by the Economic and Social Council by its resolutions 663C (XXIV) of July 31, 1957
and 2076 (LXII) of May 13, 1977, Rules 10 and 11.
173
Cfr. Case of García Asto and Ramírez Rojas, supra note 122, para. 221; Case of Raxcacó Reyes,
supra note 171, para. 95; and Case of Fermín Ramírez, supra note 172, para. 118.