46
victim was in a situation of permanent overcrowding; he was in a reduced cell,
inhabited by numerous inmates; he had to sleep on the floor for a long period of time;
he did not receive an adequate diet or drinkable water, nor did he have essential
hygiene conditions (supra para. 54(48)).
109. In the public hearing held on June 28, 2005 before the Court, the State not only
acknowledged that Mr. Alfredo López Álvarez suffered “real hardships” during his
detention, but it also stated that “the truth is that the conditions in the criminal centers
of practically all the Republic are not the best.”
110. From that previously stated we can conclude that the alleged victim was not
treated with the due respect to his human dignity, and that the State did not comply
with the duties that correspond to it in its condition of guarantor of the rights of the
detainees.
d)
Lack of separation between the accused and the convicted in the criminal
centers
111. Article 5(4) of the American Convention states that “save in exceptional
circumstances”, the accused persons must be segregated from convicted persons, and
be subject to a treatment appropriate to their status.96
112. It has been proven that in the penitentiary centers where Mr. Alfredo López
Álvarez was incarcerated there was no classification system for the detainees. For
more than six years and four months during which he was deprived of his liberty, he
remained in company of convicted inmates, without the State having invoked and
proved the existence of exceptional circumstances (supra para. 54(47)).
*
*
*
113.
The previous consideration lead the Court to conclude that the State is
responsible for the violation of the right to personal integrity, enshrined in Articles
5(1), 5(2), and 5(4) of the American Convention, with relation to Article 1(1) of said
instrument, in detriment of Mr. Alfredo López Álvarez.
*
*
*
114. The representatives argued the violation of Article 5(1) of the Convention due
to the breach of the mental and moral integrity of the closest family members of Mr.
Alfredo López Álvarez (supra para. 101(c)).
115. Although the Inter-American Commission did not argue said violation, the Court
has established that the alleged victims, their next of kin, or their representatives may
invoke rights different to those included in the Commission’s application, based on the
facts presented by the latter (supra para. 82).
96
Cf. Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on
the Prevention of Crimes and the Treatment of Offenders, held in Geneva in 1955, and approved by the
Economic and Social Council in its resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13,
1977, 85. 1), and the Body of Principles for the Protection of all Persons Under any Form of Detention or
Imprisonment adopted by the General Assembly in its resolution 43/173, December 9, 1988, Principle 8.
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