44 of his arrest; of the lack of psychological treatment for the consequences of said treatment; of having been coerced to declare against himself; of the lack of medical assistance; of the imprisonment in a penitentiary center for convicts, even when he was still being processed, and of the prohibition to speak in his mother tongue in the Criminal Center of Tela; ii) Mr. López Álvarez was submitted to “miserable” prison conditions, which worsened with his transfer to the National Penitentiary of Támara, and iii) The transfer of Mr. López Álvarez to the National Penitentiary of Támara helped to the purpose of dismantling a committee for the defense of the human rights of the inmates and was accompanied by an inhumane and degrading treatment in detriment of the alleged victim, who was moved away from his next of kin and community. b) Mr. López Álvarez was not given a treatment adequate to his condition of defendant, and c) the right to the mental integrity of the next of kin of Mr. Alfredo López Álvarez has been violated as a direct consequence of his illegal and arbitrary detention, the anguish caused by watching the consequences of the violence he was submitted to; the separation of the family, which was aggravated by the physical distance between the place of detention and the residence of the members of the same; the lack of investigation and sanctions of those responsible for the facts; the slowness and arbitrary acts within the criminal procedure. All that generated suffering, anguish, insecurity, frustration, and helplessness among the next of kin of the alleged victim, reason for which they requested that the next of kin, parents, partner, children, and some siblings be considered victims in the present case. 102. Arguments of the State: a) the transfer of Mr. Alfredo López Álvarez to the National Penitentiary of Támara, in the city of Puerto Cortés was not arbitrary; it was ordered to protect his life and physical integrity since he was constantly in fights with other detainees, and b) “the truth is that the [imprisonment] conditions of the criminal centers of practically the entire Republic are not the best.” Considerations of the Court 103. Article 5 establishes, in what is relevant here, 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. […]

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos