82 XVIII VIOLATION OF ARTICLES 1, 2, 6 AND 8 OF THE INTER-AMERICAN CONVENTION TO PREVENT AND PUNISH TORTURE 215. With regard to the violation of Articles 1, 2, 6 and 8 of the Inter-American Convention to Prevent and Punish Torture (hereinafter “Inter-American Convention against Torture”), the Commission alleged that: a) this Convention, ratified by Guatemala on January 29, 1987, develops the principles contained in Article 5 of the American Convention in greater detail and, therefore, constitutes an auxiliary instrument to the Convention; b) the treatment that Bámaca Velásquez suffered at the hands of Government agents constitutes torture in the terms of the said Convention; and c) based on Article 8 of the Inter-American Convention against Torture and 29 of the American Convention, the Court is competent to directly apply that instrument. 216. The State did not submit any defense with regard to the violation of the above-mentioned articles of the Inter-American Convention against Torture. 217. Articles 1, 2, 6 and 8 of the Inter-American Convention against Torture establish: 1. The States Parties undertake to prevent and punish torture in accordance with the terms of the Convention. [...] 2. 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 entail 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. [...] 6. In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction.

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