31 75. The Court considers that the conduct of the State which has been described is incompatible with the provisions of Article 7(5) of the Convention. 76. In the same way, the Court refers to Chapter XI of this judgment, which relates to Articles 8 and 25 of the Convention (infra para. 116), to the effect that the remedies filed in favor of the alleged victim were not effective and it considers that there was therefore a violation of Article 7.6 of the Convention, to the detriment of Maritza Urrutia. 77. Consequently, the Court declares that the State violated Article 7 of the American Convention, in relation to Article 1(1) thereof, to the detriment of Maritza Urrutia García. IX VIOLATION OF ARTICLES 5 AND 1(1) (RIGHT TO HUMANE TREATMENT AND OBLIGATION TO RESPECT RIGHTS) AND OF ARTICLES 1 AND 6 OF THE INTER-AMERICAN CONVENTION AGAINST TORTURE Arguments of the Commission 78. With regard to the right to humane treatment, the Commission requested the Court to declare that there had been a violation of Article 5 of the American Convention in relation to Article 1(1) thereof, and of Articles 1 and 6 of the InterAmerican Convention against Torture, because: a) In the declaration acknowledging institutional responsibility, the State accepted the facts that gave rise to the instant case, so that it accepted: that the “treatment to which the [alleged] victim was subjected during her detention was equivalent to torture, cruel, inhuman and degrading treatment”; that Maritza Urrutia remained incommunicado for eight days; and that she was kept handcuffed to a bed, with a hood on her head, in a room where the light was kept on and also the radio at full volume: b) During her arbitrary detention, Maritza Urrutia was deliberately subjected to psychological torture arising from the threat and continual possibility of being assassinated, physically tortured or raped, of losing her young son, and that violent acts would be carried out against her family; in addition to the application, by military intelligence agents, of methods tending to obliterate or diminish her personality, such as sleep deprivation, exposure to constant noise, incessant interrogation and recordings; c) The methods employed by the State agents were intended to break the physical and psychological resistance of the alleged victim, in order to extract information on the organization of which she was a member and force her to issue a statement; and d) In the terms of the international norms prohibiting torture, this can be either physical or psychological. Arguments of the representatives of the alleged victim

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