152. The Commission notes that in reviewing the detention, the Constitutional Court did so exclusively on the basis of the number of years of detention and the nature of the potential punishment for the criminal offense charged in the case. Neither the Office of the Mayor or the Constitutional Court examined whether the procedural purposes that they are called upon to ascertain in keeping with the provisions of the American Convention were achieved or not, thus making it possible that Mr. Eusebio Domingo Revelles was being held arbitrarily in preventive detention for more than four years. In light of the foregoing considerations, the Commission concludes that the State violated Article 7.6 of the American Convention in connection with the obligations set forth in Articles 1.1 and 2 of said instrument. B. Acts alleged to be violations of the right to humane treatment and the investigations into these acts 1. Allegation of torture and violations of the personal integrity of the alleged victims 153. The IACHR has emphasized that the American Convention provides for the absolute prohibition of torture or cruel, inhuman or degrading treatment or punishment of people in any circumstance. The Commission has noted that “an essential aspect of the right to personal security is the absolute prohibition of torture, a peremptory norm of international law creating obligations erga omnes.”132 154. Similarly, the Court has consistently held that “International Human Rights Law strictly prohibits torture and cruel, inhuman or degrading punishment or treatment. The absolute prohibition of torture, both physical and psychological, is currently part of the domain of international jus cogens."133. In addition, the Court has noted that various universal and regional instruments set forth said prohibition and the indergoable right of all human beings not to be tortured.134 155. Based on the legal precedents of the Inter-American system, for torture to exists three elements have to be combined: i) an intentional act committed by an agent of the State or with its authorization or acquiescence; ii) it must cause severe physical or mental suffering, and iii) it must be committed with a given purpose or aim.135 156. In the context of a criminal investigation, the Inter-American Court has held that torture can be defined as “acts that have been prepared and carried out deliberately against the victim to break down his mental resistance and force him to incriminate himself or to confess to a particular criminal behavior or to subject him to means of torture in addition to the deprivation of liberty itself.”136 132 IACHR, Report on Terrorism and Human Rights, OEA/SER.L/V/II.116, Doc. 5 rev. 1, corr., October 22, 2002. Citing. IACHR, Report on the Human Rights Situation of Asylum Seekers within the Canadian Refugee Determination System, OEA/Ser.L/V/II.106, Doc. 40 rev., February 28, 2000, para. 118. 133 IA Court of HR, Case of Bueno Alves. Judgment of May 11, 2007. Series C. No. 164, para. 76; IA Court of HR, Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006. Series C No. 160, para. 271; and IA Court of HR. Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, para. 117. 134 IA Court of HR, Case of Bueno Alves. Judgment of May 11, 2007. Series C. No. 164, para. 77. Citing: International Covenant on the Civil and Political Rights, Article. 7; Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2; Convention on the Rights of the Child, Article 37; International Convention on the Protection of All Migrant Workers and Members of Their Families, Article 10; Inter-American Convention to Prevent and Punish Torture, Article 2; African Charter on Human and Peoples’ Rights, Article 5; African Charter on the Rights and Welfare of the Child, Article 16; Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará) Article 4; and European Convention for the Protection of Human Rights and Fundamental Freedoms, Article 3; Body of Principles for the Protection of all Persons under any Form of Detention or Imprisonment, Principle 6; Code of Conduct for Law Enforcement Officials, Article 5; United Nations Rules for the Protection of Juveniles Deprived of their Liberty, rule 87(a); Declaration on the Human Rights of Individuals who are not nationals of the country in which they live, Article 6; United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules"), Rule 17.3. 135 IACHR, Report No. 5/96, Case 10.970, Merits, Raquel Martin Mejía, Peru, March 1, 1996, section 3. Analysis and IA Court of HR, Case of Bueno Alves. Judgment of May 11, 2007. Series C. No. 164, para. 79. 136 IA Court of HR, Case of Suárez Rosero v. Ecuador. Judgment of November 12, 1997. Series C No. 35, para. 146. 37