55
For the purposes of this Convention, torture shall be understood to be any act
intentionally performed whereby physical or mental pain or suffering is inflicted on a
person for purposes of criminal investigation, as a means of intimidation, as personal
punishment, as a preventive measure, as a penalty, or for any other purpose. Torture
shall also be understood to be the use of methods upon a person intended to obliterate
the personality of the victim or to diminish his physical or mental capacities, even if they
do not cause physical pain or mental anguish.
The concept of torture shall not include physical or mental pain or suffering that is
inherent in or solely the consequence of lawful measures, provided that they do not
include the performance of the acts or use of the methods referred to in this article.
183.
Article 6 of the Inter-American Convention Against Torture states that
In accordance with the terms of Article 1, the States Parties shall take effective
measures to prevent and punish torture within their jurisdiction.
The States Parties shall ensure that all acts of torture and attempts to commit torture
are offenses under their criminal law and shall make such acts punishable by severe
penalties that take into account their serious nature.
The States Parties likewise shall take effective measures to prevent and punish other
cruel, inhuman, or degrading treatment or punishment within their jurisdiction.
184.
Article 8 of the Inter-American Convention Against Torture states 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.
185. This Court has already had the opportunity to apply the Inter-American
Convention Against Torture and to declare a State responsible for violating it.73
186. In the present case, it is appropriate for the Court to exercise its jurisdiction
to apply the Inter-American Convention Against Torture, which entered into force on
February 28, 1987.
187. The Commission alleged on different occasions that Mr. Luis
Alberto
Cantoral-Benavides was subjected to physical and psychological torture. The State,
for its part, alleged that it had not violated the articles of the Inter-American
Convention Against Torture. From the additional evidence requested by the Court
and submitted by the State, it can be inferred that the accused filed no application
calling for an investigation of the torture to which he was allegedly subjected.
However, in different writs submitted as evidence by the State, inter alia, the
73
cfr. Villagrán-Morales et al. Case, supra note 48, para. 249; and Paniagua-Morales et al. Case,
supra note 9, para 136.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos