75 146. Pursuant to this definition and to the circumstances of each case, acts that have been “planned and inflicted deliberately upon the victim to wear down his psychological resistance and force him to incriminate himself or to confess to certain illegal activities, or to subject him to other types of punishment, in addition to imprisonment itself” can be classified as physical and psychological torture.”149 147. This Court has established that a “person who is unlawfully detained is in an exacerbated situation of vulnerability creating a real risk that his other rights, such as the right to humane treatment and to be treated with dignity, will be violated.”150 The Court has also recognized that threats and the real danger of subjecting a person to physical injury, under certain circumstances, cause such a moral anguish that they may be considered psychological torture.151 148. It has been proven in the instant case that during March and April 1996, while Daniel Tibi was detained at the Penitenciaría del Litoral, the prison guards inflicted physical violence sessions on him with the aim of obtaining his self-incrimination (supra para. 90(50)). During those sessions, the alleged victim suffered fist blows on the body and face, cigarette burns on his legs, and electrical discharges on his testicles. Once, he was hit with a contusive object, and another time his head was submerged in a water tank. Mr. Tibi suffered at least seven such “sessions” (supra para. 90.50). 149. The acts of violence intentionally committed by agents of the State against Daniel Tibi caused him grave physical and mental suffering. The aim of repetitive execution of these violent acts was to diminish his physical and mental abilities and annul his personality for him to plead guilty of a crime. It has also been proven in the sub judice case that the alleged victim was threatened and suffered harassment during the period when he was detained, and this made him feel panic and fear for his life. All this is a form of torture, under the terms set forth in Article 5(2) of the American Convention. 150. Pursuant to this provision, a person deprived of his or her liberty has the right to live in a detention situation that is compatible with his or her personal dignity.152 In other cases, the Court has pointed out that keeping a detainee in overcrowded conditions, lacking natural light and ventilation, without a bed to rest on or adequate hygiene conditions, in isolation and incommunicado or with undue restrictions to the system of visits, constitutes a violation of that person’s right to humane treatment.153 Since the State is responsible for the detention centers, it must guarantee the inmates conditions that safeguard their rights.154 149 See Case of Maritza Urrutia, supra note 8, para. 104; and Case of Cantoral Benavides, supra note 139, para. 104. 150 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 108; Case of Maritza Urrutia, supra note 8, para. 87; and Case of Juan Humberto Sánchez , supra note 3, para. 96. 151 See Case of Maritza Urrutia, supra note 8, para. 92; and Case of Cantoral Benavides, supra note 139, para. 102. 152 See Case of Bulacio, supra note 129, para. 126; and Case of Cantoral Benavides, supra note 139, para. 87. 153 See Case of Cantoral Benavides, supra note 139, paras. 85 al 89; and Case of Loayza Tamayo. September 17, 1997 Judgment. Series C No. 33, para. 58. 154 See Case of Bulacio, supra note 129, para. 126.

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