119
mental effects, and in some cases, the victim’s gender, age, and health conditions,
among others.174
317. Physical and psychic tortures are acts “prepared and carried out deliberately
against the victim in order to suppress their psychic resistance and force him to
incriminate himself or confess certain criminal behaviors or to submit him to
punishment modalities additional to deprivation of liberty itself.”175 Within the notion
of torture established in Article 2 of the Inter-American Convention to Prevent and
Punish Torture is inflicting physical or mental suffering in a person with any
purpose.176 In situations of massive violation of human rights, the systematic use of
torture generally seeks to intimidate the population.177
318. At the light of the aforementioned criteria, and based on the body of evidence
of the case, this Tribunal will examine the body of conditions of detention and
treatment to which the inmates were submitted in the criminal centers to which they
were transferred or relocated after the “Operative Transfer 1” (supra para. 197(44)).
319. Within gross imprisonment conditions we can mention (supra para. 197(51)
and 197(52)): location in overcrowded cells that do not allow an adequate mobility
nor did they ensure reasonable hygiene and health conditions, without access to
natural or artificial lighting; precarious feeding conditions; lack of adequate medical
attention and of supply of medicines, despite the fact that there inmates that were
injured and others that acquired illnesses in the prison; lack of warm clothes, even
for those who were in the prison of Yanamayo where the temperatures drop several
degrees under zero; severe regimen of solitary confinement; lack of attention to
women’s physiological needs when they were denied materials of personal hygiene,
such as soap, toilet paper, feminine pads, and underwear in order to be able to
change; lack of attention to pre and post natal health needs; prohibition to talk
among themselves, read, study, and carry out manual labor. The damages and
suffering experimented by women in general and especially the pregnant women and
by the inmates that were mothers were especially gross in the terms described below
(infra paras. 330 to 332).
320. Among the treatments that breached the inmates’ right to humane treatment,
the majority were perpetrated as collective punishments, such as: beatings with
metal rods on their soles, commonly identified as falanga beatings; application of
electrical shocks; beating carried out by many agents with sticks and spurns that
included blows to the head, the hips, and other bodyparts where the victims were
injured; and the use of punishment cells known as the “hole”. The State recurred to
force without there being determining reasons to do so and it applied cruel
174
Cfr. Case of the Gómez Paquiyauri Brothers, supra note 21, para. 113; Case of Bámaca
Velásquez. Judgment of November 25, 2000. Series C No. 70, para. 162; and Case of the “Street
Children” (Villagrán Morales et al.), supra note 152, para. 176. In this same sense, cfr. Eur.C.H.R., Case
of Aktaş v. Turkey (3rd), Judgment of 24 April 2003, App. No. 24351/94, para. 312; y Eur.C.H.R., Case of
Ireland v. The United Kingdom (GC), Judgment of 18 January 1978, App. No. 5310/71, para. 162.
175
Cfr. Case of Tibi, supra note 150, para. 146; Case of Maritza Urrutia, supra note 150, para. 93;
and Case of Cantoral Benavides, supra note 21, para. 104.
176
Cfr. Case of the Gómez Paquiyauri Brothers, supra note 21, para. 116; Case of Tibi, supra note
150, para. 146; and Case of Maritza Urrutia, supra note 150, para. 91.
177
Cfr. Case of the Gómez Paquiyauri Brothers, supra note 21, para. 116.