92
c)
“The facts that had been stated, detailed or clarified by the
representative, which facts were found in the complaint filed by the
[Commission], are those referring to the manner in which the victims had been
arrested, detained and tried both in the first proceedings and in the new
proceedings, as well as those facts related to the pain and suffering endured by
the victims due to the detention conditions in the different prison facilities
where they were held. Consequently, pursuant to prior decisions of the Court
[...] said facts are part of the facts of the instant case.
Arguments of the representatives
214. Regarding the alleged violation of Article
representatives have alleged the following, to wit:
5
of
the
Convention,
the
a)
The alleged victims had to endure “acts of torture, and were subject to
inhuman, degrading, and humiliating incarceration conditions;”
b)
The lack of communication, and the subsequent solitary confinement
that [Wilson García-Asto] h[ad] to endure for over a year according to the State
legislation then in force, constitute, per se, violations to Article 5 of the
Convention;”
c)
The transfer of Wilson García-Asto to Yanamayo Prison at Puno and
afterwards to Challapalca Prison in Tacna[,] made it difficult for [his] next of kin,
who resided in Lima, to visit [him], though they managed to visit him in spite of
the travelling problems, and the unfavorable weather and financial conditions;”
d)
“[T]hough Urcesino Ramírez-Rojas w[as] not physically tortured, he
suffer[ed] psychological abuse since police officers would daily go to [his] cell and
to the cells of other detainees to intimidate [them];”
e)
The State violated Article 5(1) of the Convention to the detriment of the
alleged victims due to the incarceration conditions they had to endure;
f)
The alleged victims “suffered torture and still have to endure inhuman,
humiliating, and degrading treatment,” which constitutes a violation of Article 5 in
light of Article 2 of the Inter-American Convention against Torture, to which the
respondent State is a party;
g)
The State not only violated [the] right [of the alleged victims] to
humane treatment within the scope of the Convention, but also those rights
protected within the scope of Article 3 Common to the four Geneva Conventions;”
h)
“[The] inhuman and humiliating treatment [the alleged victims had to
endure] was not restricted to [themselves], but extended to [their] next of kin;”
i)
“The facts alleged, as a whole, affected [the] family background [of the
alleged victims]; [their] detention conditions[,] the constant transfers that turned
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