179. The representatives of the alleged victims presented medical certificates verifying the
aftereffects of the acts of violence. In this way, it was certified that, currently, Víctor Manuel
Boggiano suffers from generalized epilepsy and from an anxiety and depression disorder.259 A
psychological appraisal of Mr. Boggiano Bruzzón prepared by the ITEI was also presented
establishing the psycho-social aftereffects he suffered owing to the alleged torture and illtreatment experienced during the raid and his subsequent detention. Specific reference was made
to the physical and psychological torture he suffered and that he had been diagnosed with posttraumatic stress syndrome.260 These findings were repeated in the affidavit made by psychologist
Pablo García Nava, who concluded that “all the evidence collected during the evaluation to which
I have been referring is fully consistent, leading me to the conclusion that Víctor Manuel Boggiano
Bruzzón was a victim of torture and cruel and degrading treatment while detained in the cells of
the Judicial Technical Police on Landaeta Street.”261
180. Regarding F.E.P.M., a medical certificate was presented that certified scars on her left elbow
and stiffness and arthrosis resulting from a physical attack suffered 20 years ago.262 In an
affidavit, the ITEI forensic physician, Marcelo Flores Torrico, indicated that “all the evidence
compiled in the case is fully consistent; leading me, together with my colleague Pablo Gabriel
García, to the conclusion that [F.E.P.M] was a victim of torture and cruel, inhuman and degrading
treatment during her arrest and while detained in the cells of the Judicial Technical Police on
Landaeta Street.”263
181. In the case of Patricia Gallardo Ardúz, a social and medical appraisal prepared by the ITEI
was presented indicating that “all the evidence compiled in this report is fully consistent, leading
to the conclusion that Patricia Catalina Gallardo Ardúz was a victim of torture and ill-treatment,
including sexual torture, while detained in the cells of the Judicial Technical Police on Landaeta
Street.”264
B.2.5. Legal classification of torture
182. Based on the facts described above, the Court has no doubt that the alleged victims were
subjected to ill-treatment and abuse during the raids and subsequent detentions, and this entailed
a violation of the alleged victims’ personal integrity by the police. However, the Court has
explained that violation of the right to personal integrity may have different degrees of severity
and occur due to the perpetration of diverse types of ill-treatment, ranging from torture to other
acts or treatment that is cruel, inhuman or degrading.265
183. The Court has also understood that, “in order to classify” an act as torture, it is necessary
to use the “utmost rigor,” because it is “particularly heinous” and includes its own particularities,
because the perpetrator “intentionally inflicts severe pain or suffering on a powerless victim for a
specific purpose, or uses a methods designed to annul the personality or diminish the physical or
Cf. Medical report prepared by F.F., Head of Neurology, of the Hospital de Clínicas on November 28, 2019
(evidence file, folio 9842).
259
260
Cf. Psychological appraisal of Víctor Manuel Boggiano Bruzzón prepared by the ITEI in August 2021 (evidence
file, folios 9850 to 9888).
261
Affidavit made by Pablo García Nava on June 15, 2022 (evidence file, folio 12694).
262
Cf. Medical certificate issued by Dr. M.J.J. from the Ministry of Health, on August 11, 2021 (evidence file, folio
9965).
263
Affidavit made by Marcelo Flores Torrico on June 15, 2022 (evidence file, folio 12655).
264
Psychological report prepared by the ITEI on July 11, 2012 (evidence file, folio 10337).
265
Cf. Case of Loayza Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, paras. 57 and
58, and Case of González et al. v. Venezuela, supra, para. 112.
53