108
263.
Article 5 of the American Convention states 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.
[…]
6.
Punishments consisting of deprivation of liberty shall have as an essential aim
the reform and social readaptation of the prisoners.
264. Articles 1, 6, and 8 of the Inter-American Convention to Prevent and Punish
Torture state that:
The State Parties undertake to prevent and punish torture in accordance with the terms
of the […] [Inter-American] Convention [Against Torture].
[…]
In accordance with the terms of Article 1 [of the Inter-American Convention against
Torture], the states Parties shall take effective measure to prevent and punish torture
within their jurisdiction.
[…]
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.
265. With regard to the alleged breach of the Inter-American Convention to
Prevent and Punish Torture, this Court reiterates its jurisprudence in relation to the
possibility that the representatives of the alleged victims may argument rights
different to those stated by the Commission,146 which also applies to the allegation of
other instruments that grant the Court competence to declare violations, regarding
the same facts object of the petition.
266. As it has done in other cases,147 the Court will exercise its material
competence to apply the Inter-American Convention to Prevent and Punish Torture
and determine the State’s responsibility pursuant to that treaty, ratified by Peru on
March 28, 1992, that was in force when the facts occurred. Articles 1, 6, and 8 of
said treaty oblige the States Parties to adopt all effective measures to prevent and
punish all acts of torture within their jurisdiction.
267. As indicated by the Court (supra para. 148), the State’s acknowledgment of
responsibility with regard to the events occurred between May 6 and 9, 1992 in the
Miguel Castro Castro Prison constitutes a positive contribution. In referenced to those
146
Cfr. Case of Claude Reyes et al., supra note 19, para. 111; Case of Acevedo Jaramillo et al.
Judgment of February 7, 2006. Series C No. 144, para. 280; and Case of López Álvarez. Judgment of
February 1, 2006 Series C No. 141, para. 82.
147
Cfr. Case of Vargas Areco, supra note 3, para. 94; Case of Blanco Romero et al. Judgment of
November 28, 2005. Series C No. 138, para. 61; and Case of Gutiérrez Soler. Judgment of September 12,
2005. Series C No. 132, para. 54.