26 of children, the aged, the mentally ill or disabled, in military service, and other institutions as well as contexts where the failure of the State to intervene encourages and enhances the danger of 96 privately inflicted harm. 98. For its part, the UN Human Rights Committee has stated that the prohibition contained in Article 7 of the International Covenant on Civil and Political Rights97 includes “corporal punishment, including excessive chastisement ordered as punishment for a crime or as an educative or disciplinary measure.”98 Similarly, the Human Rights Committee has indicated that Article 7 (Prohibition of torture of cruel, inhuman or degrading treatment) should be interpreted in conjunction with Article 2(3) of the Covenant.99 99. In its jurisprudence, the Inter-American Court has stated that in every situation in which there are signs that torture has taken place, the State should immediately initiate an ex oficio investigation that is impartial, independent and thorough, permitting it to determine the nature and origin of the injuries that occurred, identify the responsible parties, and prosecute them.100 To this end, the State has the obligation to guarantee the independence of the medical and health professionals in charge of examining and providing care to prisoners so that they can freely perform the necessary medical examinations, respecting the norms that their profession establishes.101 100. In the present case, the petitioners allege that according to the medical examination performed on Mr. Quispealaya when he enlisted in the voluntary military service on November 14, 2000, he was in good health. He purportedly lost vision in his right eye as a result of the blow that he received from noncommissioned Army officer Juan Hilaquita Quispe when he was engaged in shooting practice on January 23, 2001, as a punishment for committing many errors. They allege that because Mr. Quispealaya was subjected to abuse and threats by this noncommissioned officer from the time that he enlisted in the Army, he waited until June 31, 2001 to go to the 31st Infantry Brigade clinic to see a 96 Committee Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, General Comment No. 2, Implementation of Article 2 by States Parties, UN. Doc., CAT/C/GC/2 of January 24, 2008, para. 15. 97 Article 7 of the International Covenant on Civil and Political Rights: “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.” 98 UN Human Rights Committee, General Comment No. 20, UN. Doc., U.N. Doc. HRI/GEN/1/Rev.7 at 173 (1992), para. 5. 99 Article 2.3 of the International Covenant on Civil and Political Rights: “Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. 100 I/A Ct. H.R. Case of Cabrera García and Montiel Flores V. México. Preliminary Exception, Merits, Reparations and Costs. Judgment of 26 November 2010. Series C No. 220, para. 135; Case of Gutiérrez Soler v. Colombia. Merits, Reparations and Costs. Judgment of 12 September 2005. Series C No. 132, para. 54; Case of Bayarri V. Argentina. Judgment of 30 October 2008. Series C No. 187, para. 92; Case of Bueno Alves V. Argentina. Merits, Reparations and Costs. Judgment of 11 May 2007. Series C No. 164, para. 88. 101 I/A Ct. H.R.. Case of Cabrera García and Montiel Flores V. México. Preliminary Exception, Merits, Reparations and Costs. Judgment of 26 November 2010. Series C No. 220, para. 135; UN Manual on the Effective Investigation and Documentation of Torture and other Cruel, Inhuman and Degrading Treatment and Punishment, Doc E/ST/CSDHA/.12 (1991) (Protocol of Istanbul), paras. 56, 60, 65 y 66.

Select target paragraph3