24
C.
Considerations of law
1.
Right to personal integrity (Article 5 of the American Convention) in relation to the
obligations contained in the Inter-American Convention to Prevent and Punish Torture
(article 8), the right to judicial guarantees and judicial protection (Articles 8 and 25 of
the American Convention), and the obligations to respect and guarantee Rights
(Article 1 of the American Convention)
90.
Articles 5(1) and 5(2) of the American Convention establish that:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons
deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
91.
Article 8 of the Inter-American Convention to Prevent and Punish Torture establishes
that:
The States Parties shall guarantee that any person making an accusation of having been subjected to torture within
their jurisdiction shall have the right to an impartial examination of his case.
Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed
within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and
immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding
criminal process.
After all the domestic legal procedures of the respective State and the corresponding appeals have been
exhausted, the case may be submitted to the international fora whose competence has been recognized by
that State.
92.
Article 8(1) of the American Convention establishes that:
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a
competent, independent, and impartial tribunal, previously established by law, in the substantiation of any
accusation of a criminal nature made against him or for the determination of his rights and obligations of a
civil, labor, fiscal, or any other nature.
93.
According to Article 25 of the American Convention:
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or
tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the
state concerned or by this Convention, even though such violation may have been committed by persons acting in
the course of their official duties.
2. The States Parties undertake:
a. to ensure that any person claiming such remedy shall have his rights determined by the competent
authority provided for by the legal system of the state;
b. to develop the possibilities of judicial remedy; and
c. to ensure that the competent authorities shall enforce such remedies when granted.