16
During the lashing, Mr. Caesar screamed out in pain, and eventually fainted.
When he regained consciousness, the Superintendent ordered that he be
taken to the infirmary.
49(29).
There are no medical records regarding the administration of
Mr. Caesar's corporal punishment.
Physical and psychological consequences of Mr. Caesar's corporal punishment
49(30).
Mr. Caesar remained in the infirmary for two months after the
corporal punishment, and did not receive any medical treatment for the
flogging except for orally-administered painkillers. Mr. Caesar continues to
suffer pain in his shoulders.
49(31).
As a result of the punishment, Mr. Caesar has suffered
depression, and acute anxiety of sufficient severity to warrant a diagnosis of,
at a minimum, an adjustment disorder.
49(32).
Mr. Caesar may have suffered from post-traumatic stress
disorder in the the first or second year after the corporal punishment was
inflicted. Although he continues to have some post-traumatic stress disorder
symptoms, such as depressed mood, intrusive recollections, and a sensation
of something hitting his back, which causes his shoulder to twitch
involuntarily, they do not currently meet the diagnosis of that disorder.
Regarding Mr. Caesar's damages
49(33).
The facts of the present case have resulted in the alteration of
Mr. Caesar's physical and psychological condition, causing him damages.
VIII
ARTICLES 5(1) AND 5(2) OF THE AMERICAN CONVENTION
IN CONJUNCTION WITH ARTICLES 1.1 AND 2 OF THE CONVENTION
(RIGHT TO PERSONAL INTEGRITY)
Arguments of the Commission
50.
With regard to Article 5 of the American Convention, the Inter-American
Commission argued that:
a) the concept of “inhuman treatment” includes “degrading treatment”;
b) torture is an aggravated form of inhuman treatment perpetrated with the
purpose of obtaining information, confessions or inflicting a punishment. The
essential criterion by which to distinguish torture from other cruel, inhuman
or degrading treatments or punishment consists in the intensity of the
suffering inflicted;
c) many instruments of human rights law or international humanitarian law
expressly prohibit corporal punishment. Furthermore, many international and
national tribunals and authorities have considered that corporal punishment is
incompatible with national and international guarantees against torture and
other inhuman treatment, such as the United Nations Special Rapporteur on