74
4. Accused persons shall, save in exceptional circumstances, be segregated from
convicted persons, and shall be subject to separate treatment appropriate to their status
as unconvicted persons.
5. Minors while subject to criminal proceedings shall be separated from adults and
brought before specialized tribunals, as speedily as possible, so that they may be
treated in accordance with their status as minors.
6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform
and social readaptation of the prisoners.
143. There is an international legal system that absolutely forbids all forms of
torture, both physical and psychological, and this system is now part of ius
cogens.146 Prohibition of torture is complete and non-derogable, even under the most
difficult circumstances, such as war, the threat of war, the struggle against
terrorism, and any other crimes, state of siege or of emergency, internal
disturbances or conflict, suspension of constitutional guarantees, domestic political
instability, or other public disasters or emergencies.147
144. This Court has said that “the interpretation of a treaty must take into account
not only the agreements and instruments related to the treaty (paragraph 2 of
Article 31 of the Vienna Convention), but also the system of which it is part
(paragraph 3 of Article 31).” This orientation is especially important for International
Human Rights Law, which has moved forward substantially by means of an evolutive
interpretation of the international protection instruments.148
145. The Inter-American Convention against Torture, which entered into force in
the State on December 9, 1999, is part of the inter-American corpus iuris that this
Court must resort to in establishing the content and scope of the general provision
contained in Article 5(2) of the American Convention. Special attention must be paid
to Article 2 of the Inter-American Convention against Torture, which defines the
latter as:
[…]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 mental anguish.
This same provision adds that:
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.
146
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 112; and Case of Maritza
Urrutia, supra note 8, para. 92.
147
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 111; Case of Maritza Urrutia.
supra note 8, para. 89; and Case of Cantoral Benavides, supra note 139, para. 95.
148
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 165; Case of the “Street
Children” (Villagrán Morales et al.), supra note 145, paras. 192 and 193; and The Right to Information on
Consular Assistance in the Framework of the Guarantees of the Due Process of Law, supra note 133, para.
113.
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