139. In the first place, it must be noted that part of the allegations of the
representatives is based on their claims regarding the general conditions in the National
Penitentiary where the alleged victims were being held. Those aspects will not be
considered because they are not included in the factual framework contained in the
Commission’s Merits Report.143
140. In the second place, it must be noted that a violation of the Inter-American
Torture Convention has been claimed by the representatives and not by the Commission.
The Court has held that the representatives of the alleged victims “may assert the
violation of rights other than those included in the Merits Report, provided that they are
within the factual framework defined by the Commission.”144
141. In view of the above, the Court will examine the allegations of the Commission
and of the parties. In order to do so: a) it will give a general guideline on the right to
personal integrity, the separation of persons being prosecuted and those convicted and
the prohibition of torture and other cruel treatment; b) it will analyze the facts of the
case that are related to the placing of the presumed victims with convicted prisoners,
the conduct of the State with respect to the threats received by the alleged victims and
the placing of María Angélica González and Belkis González in solitary confinement, and
c) finally, it will give its conclusion.
B.1 General guidelines on the right to personal integrity, the separation of persons
being prosecuted from those already convicted and the prohibition of torture and
other cruel treatment
142. The Court recalls that “detainees have the right to live in conditions of detention
that are compatible with their personal dignity” and the State must guarantee this right,
which is established in Article 5(1) of the American Convention.145
143. One of the safeguards to that effect is provided by Article 5(4) of the Convention
that “imposes on the States the obligation to establish a system for classifying prison
inmates, in order to ensure that those who are being prosecuted are separated from
those who have been convicted, and that the former are treated in a way that is
appropriate to their status as persons who have not been convicted.”146 It also
The Court reminds that the factual framework is composed of the facts contained in the Merits Report
submitted to its consideration. Therefore, allegations of facts distinct from those presented in the Report are
not admissible, except for those that might be considered complementary, that is, that explain, clarify or reject
those that are mentioned in Report or, if applicable, respond to claims made by the parties or the Commission.
(Cf. Case of Vera Vera et al. v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment of
May 19, 2011. Series C No. 226, para. 32 and Case of Bedoya Lima et al. v. Colombia. Merits, Reparations
and Costs. Judgment of August 26, 2021. Series C No. 431, para 16). The facts mentioned by the
representatives cannot be considered complementary. Since those facts will not be considered, the arguments
in support of them will not be taken into account.
143
Case of the “Five Pensioners” v. Peru. Merits, Reparations and Costs. Judgment of February 28, 2003.
Series C No. 98, para. 155 and Case of Garzón Guzmán et al. v. Ecuador, para. 22.
144
Cf. Case of Bulacio v. Argentina. Merits, Reparations and Costs. Judgment of September 18, 2003.
Series C No. 100, paras. 126 and 138 and Case of Mota Abarullo et al. v. Venezuela. Merits, Reparations and
Costs. Judgment of November 18, 2020. Series C No. 417, para. 88.
145
Case of Tibi v. Ecuador, para. 158 and Case of J. v. Peru. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 27, 2013. Series C No. 275, para. 380. See also, Case of Mota Abarullo et
al. v. Venezuela, para. 96.
146
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