94
(supra paras. 63 to 80,) the Court shall proceed to analyze the alleged violation of
Article 5 of the Convention.
218. The Court notes that in its complaint, the Commission has not included any
arguments regarding the alleged violation of Article 5 of the American Convention,
which has been alleged by the representatives. However, in the closing written
arguments, the Commission has pointed out that “in light of the acknowledgment of
responsibility of the State and the evidence produced throughout the proceeding
before the Court, the Commission considers that the State has violated Article 5 of the
American Convention regarding Article 1(1) thereof” (supra para. 213(a)).
219. The Court has clearly established in prior cases that the representatives may
allege that there have been other violations other than those alleged by the
Commission, provided that such legal arguments are limited to the facts (supra paras.
97(1) to 97(140) stated in the complaint.176
a) Regarding the alleged violation of Article 5 of the Convention to the detriment of
Wilson García-Asto.
220. Pursuant to the then applicable laws, during the first year of detention, Wilson
García-Asto was subject to solitary confinement conditions, was allowed to go to the
prison yard for only half an hour, and a visits were restricted to his next of kin (supra
para. 97(54)).
221. Pursuant to Article 5 of the Convention, all persons deprived of their liberty
shall be treated with respect for the inherent dignity of the human person.177 In other
instances, the Court has pointed out that detention conditions where prison facilities
are overcrowded, inmates are subject to isolation in a small cell, with no ventilation or
natural light, without beds for resting and without adequate hygiene, and suffering lack
of communication or restrictions to visits, constitute a violation to humane treatment.
Furthermore, as responsible for detention centers, the State must secure detainees
that the conditions for the respect of their fundamental rights and dignity are met.178
222. The Court has stated that torture and cruel, inhuman or degrading punishment or
treatment are strictly prohibited by International Human Rights Law. The prohibition
against torture and cruel, inhuman or degrading punishment or treatment is absolute
and non-revocable, even in difficult circumstances, such as wars, threatened wars, the
fight against terrorism and or any other crimes, a state of siege or emergency, civil or
176
Cf. Case of Gutiérrez-Soler, supra note 6, para. 53; Case of the Moiwana Community, supra note 1,
para. 91; and Case of De la Cruz-Flores, supra note 4, para. 122.
177
Cf. Case of Raxcacó-Reyes, supra note 10, para. 95; Case of Fermín Ramírez, supra note 166, para.
118; and Case of Caesar. Judgment of March 11, 2005. Series C No. 123, para. 96.
178
Cf. Case of Raxcacó-Reyes, supra note 10, para. 95; Case of Fermín Ramírez, supra note 166, para.
118; and Case of Caesar, supra note 177, para. 96; In the same regard, cf. UN Standard Minimum Rules for
the treatment of detainees, adopted by the First United Nations Congress on Prevention of Crime and
Treatment of Offenders, held in Geneva in 1955, and approved by the Economic and Social Council in
Resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977, Rules 10 and 11.
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