60 288. Articles 5(1), 5(2), 8(1) and 25(1) were cited in previous sections. For purposes of the present analysis, the Commission recalls the provisions of Article 1 of the Inter-American Convention to Prevent and Punish Torture, which provides that: The States Parties undertake to prevent and punish torture in accordance with the terms of this Convention. 289. Article 6 of that Convention reads as follows: In accordance with the terms of Article 1, the States Parties shall take effective measures to prevent and punish torture within their jurisdiction. The States Parties shall ensure that all acts of torture and attempts to commit torture are offenses under their criminal law and shall make such acts punishable by severe penalties that take into account their serious nature. The States Parties likewise shall take effective measures to prevent and punish other cruel, inhuman, or degrading treatment or punishment within their jurisdiction. 290. Article 8 of the Torture Convention provides that: The States Parties shall guarantee that any person making an accusation of having been subjected to torture within their jurisdiction shall have the right to an impartial examination of his case. Likewise, if there is an accusation or well-grounded reason to believe that an act of torture has been committed within their jurisdiction, the States Parties shall guarantee that their respective authorities will proceed properly and immediately to conduct an investigation into the case and to initiate, whenever appropriate, the corresponding criminal process. 291. According to the petitioners, on December 9, 2007, Claudio David Núñez and Lucas Matías Mendoza were allegedly severely beaten by guards at Ezeiza Federal Penitentiary Complex No. 1. They allege that both were beaten on various parts of the body, but the heaviest blows were to the soles of their feet. The petitioners alleged that these beatings constitute a form of torture known as falanga. The State, for its part, alleged that what happened that day was a fight among inmates and that the guards had intervened to break up the fight. 292. The Commission will examine the parties’ allegations in the following order: i) General standards on torture and cruel, inhuman or degrading treatment; ii) an analysis of these standards in light of the treatment of Claudio David Núñez and Lucas Matías Mendoza; and iii) an analysis of the investigations conducted. 1. General standards on torture and cruel, inhuman or degrading treatment 293. Time and time again the Commission has 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 the international jus cogens. Said prohibition remains valid even under the most difficult circumstances, such as war, threat of war, the fight against terrorism and other crimes, state of siege, or a state of emergency, civil commotion or domestic conflict, suspension of constitutional guarantees, domestic political instability or other public 195 emergencies or catastrophes.” 294. The Court, for its part, has written that various universal and regional instruments set forth said prohibition and enshrine the right of all human beings not to be tortured. Similarly, various 195 I/A Court H.R., Case of Bueno Alves. Judgment of May 11, 2007. Series C. No. 164, para. 76; I/A Court H.R., Case of the Miguel Castro Castro Prison. Judgment of November 25, 2006. Series C No. 160, para. 271; and I/A Court H.R., Case of Baldeón García. Judgment of April 6, 2006. Series C No. 147, para. 117.