152. The Court notes that the State must avoid that the protective measures that it
was eventually compelled to adopt to protect the persons under its custody result, in
and of themselves, in a violation of their rights. The SubCommittee for the Prevention
of Torture and Other Cruel, Inhuman or Degrading Treatment has expressed that
“solitary confinement, isolation and administrative segregation are not appropriate
methods of managing the security of persons […] and can be justified only if used as a
last resort, under exceptional circumstances, for the shortest possible time and with
adequate procedural safeguards.”156 The isolation or segregation of a person deprived
of his liberty, even with the purpose of granting him protection, may, depending on the
circumstances, be an infringement of the prohibition against torture and illtreatment.157
153. The Court holds that the prolonged stay of various months in an isolated cell was
a treatment that is contrary to personal integrity, a conclusion that was confirmed and
reinforced by the statements of María Angélica and Belkis Gonzalez, as well as by the
expert Sapene Chapellín. The Court, in view of the facts alluded to, concludes that María
Angélica and Belkis González suffered cruel or inhuman treatment in contravention of
their prohibition established in Article 5(2) of the American Convention and Article 6 of
the Inter-American Torture Convention. Articles 1 and 8 of the latter Convention refer
to the prevention, punishment and investigation of acts of torture and the Court is of the
opinion that, given the circumstances of the case, they have not been violated.
B.3. Conclusion
154. In view of the above considerations, the Court concludes that the State violated
the right to personal integrity, recognized in Article 5 (1) and (4) of the American
Convention, as well as the presumption of innocence recognized in Article 8(2), in
relation to the obligation to respect the rights set out in Article 1(1), to the detriment of
Fernando González, Belkis González, María Angélica González, Luis Guillermo González,
Wilmer Antonio Barliza and Olimpiades González.
155. In addition, Venezuela violated the right to personal integrity, recognized in
Article 5(1) and (2) of the American Convention, in relation to Article 1(1) thereof, and
Article 6 of the Inter-American Convention to Prevent and Punish Torture, to the
detriment of María Angélica González and Belkis González, for the cruel or inhuman
treatment to which they were subjected.
156. The State is not responsible for the violation of Articles 1 and 8 of the InterAmerican Convention to Prevent and Punish Torture.
VII.3
RIGHT TO JUDICIAL PROTECTION
A) Arguments of the Commission and of the parties
Ninth Annual Report of the SubCommittee for the Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment of March 22, 2016. Document CAT/C/57/4, para. 78.
156
Cf., In the same sense, Report of the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment of January 5, 2016. Doc. A/HRC/31/57, para. 35.
157
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