26
of children, the aged, the mentally ill or disabled, in military service, and other institutions as well
as contexts where the failure of the State to intervene encourages and enhances the danger of
96
privately inflicted harm.
98.
For its part, the UN Human Rights Committee has stated that the prohibition contained
in Article 7 of the International Covenant on Civil and Political Rights97 includes “corporal punishment,
including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary
measure.”98 Similarly, the Human Rights Committee has indicated that Article 7 (Prohibition of torture
of cruel, inhuman or degrading treatment) should be interpreted in conjunction with Article 2(3) of the
Covenant.99
99.
In its jurisprudence, the Inter-American Court has stated that in every situation in which
there are signs that torture has taken place, the State should immediately initiate an ex oficio
investigation that is impartial, independent and thorough, permitting it to determine the nature and
origin of the injuries that occurred, identify the responsible parties, and prosecute them.100 To this end,
the State has the obligation to guarantee the independence of the medical and health professionals in
charge of examining and providing care to prisoners so that they can freely perform the necessary
medical examinations, respecting the norms that their profession establishes.101
100. In the present case, the petitioners allege that according to the medical examination
performed on Mr. Quispealaya when he enlisted in the voluntary military service on November 14,
2000, he was in good health. He purportedly lost vision in his right eye as a result of the blow that he
received from noncommissioned Army officer Juan Hilaquita Quispe when he was engaged in shooting
practice on January 23, 2001, as a punishment for committing many errors. They allege that because
Mr. Quispealaya was subjected to abuse and threats by this noncommissioned officer from the time that
he enlisted in the Army, he waited until June 31, 2001 to go to the 31st Infantry Brigade clinic to see a
96
Committee Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, General Comment No.
2, Implementation of Article 2 by States Parties, UN. Doc., CAT/C/GC/2 of January 24, 2008, para. 15.
97
Article 7 of the International Covenant on Civil and Political Rights: “No one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or
scientific experimentation.”
98
UN Human Rights Committee, General Comment No. 20, UN. Doc., U.N. Doc. HRI/GEN/1/Rev.7 at 173 (1992), para. 5.
99
Article 2.3 of the International Covenant on Civil and Political Rights: “Each State Party to the present Covenant
undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective
remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any
person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities
of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
100
I/A Ct. H.R. Case of Cabrera García and Montiel Flores V. México. Preliminary Exception, Merits, Reparations and
Costs. Judgment of 26 November 2010. Series C No. 220, para. 135; Case of Gutiérrez Soler v. Colombia. Merits, Reparations and
Costs. Judgment of 12 September 2005. Series C No. 132, para. 54; Case of Bayarri V. Argentina. Judgment of 30 October 2008.
Series C No. 187, para. 92; Case of Bueno Alves V. Argentina. Merits, Reparations and Costs. Judgment of 11 May 2007. Series C
No. 164, para. 88.
101
I/A Ct. H.R.. Case of Cabrera García and Montiel Flores V. México. Preliminary Exception, Merits, Reparations and
Costs. Judgment of 26 November 2010. Series C No. 220, para. 135; UN Manual on the Effective Investigation and
Documentation of Torture and other Cruel, Inhuman and Degrading Treatment and Punishment, Doc E/ST/CSDHA/.12 (1991)
(Protocol of Istanbul), paras. 56, 60, 65 y 66.