82
XVIII
VIOLATION OF ARTICLES 1, 2, 6 AND 8 OF THE
INTER-AMERICAN CONVENTION TO PREVENT
AND PUNISH TORTURE
215. With regard to the violation of Articles 1, 2, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture (hereinafter “Inter-American Convention
against Torture”), the Commission alleged that:
a)
this Convention, ratified by Guatemala on January 29, 1987, develops
the principles contained in Article 5 of the American Convention in greater
detail and, therefore, constitutes an auxiliary instrument to the Convention;
b)
the treatment that Bámaca Velásquez suffered at the hands of
Government agents constitutes torture in the terms of the said Convention;
and
c)
based on Article 8 of the Inter-American Convention against Torture
and 29 of the American Convention, the Court is competent to directly apply
that instrument.
216. The State did not submit any defense with regard to the violation of the
above-mentioned articles of the Inter-American Convention against Torture.
217. Articles 1, 2, 6 and 8 of the Inter-American Convention against Torture
establish:
1.
The States Parties undertake to prevent and punish torture in
accordance with the terms of the Convention.
[...]
2.
For the purposes of this Convention, torture shall be
understood to be any act intentionally performed whereby physical or
mental pain or suffering is inflicted on a person for purposes of
criminal investigation, as a means of intimidation, as personal
punishment, as a preventive measure, as a penalty, or for any other
purpose. Torture shall also be understood to be the use of methods
upon a person intended to obliterate the personality of the victim or to
diminish his physical or mental capacities, even if they do not cause
physical pain or entail anguish.
The concept of torture shall not include physical or mental pain or
suffering that is inherent in or solely the consequence of lawful
measures, provided that they do not include the performance of the
acts or use of the methods referred to in this article.
[...]
6.
In accordance with the terms of Article 1, the States Parties
shall take effective measures to prevent and punish torture within
their jurisdiction.
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