34
members of the Army, who inflicted psychological suffering on her and applied
methods designed to obliterate or diminish her personality.”74
87.
On other occasions, the Court has established that a “person who is
unlawfully detained is in an exacerbated situation of vulnerability creating a real risk
that his other rights, such as the right to humane treatment and to be treated with
dignity, will be violated.”75
It has also stated that “prolonged isolation and
deprivation of communication are in themselves cruel and inhuman treatment,
harmful to the psychological and moral integrity of the person and of the right of any
detainee to respect for his inherent dignity as a human being.”76
Solitary
confinement produces moral and psychological suffering in the detainee, placing him
in a particularly vulnerable position.77 The Court has also indicated that even if the
unlawful detention has only lasted a short time, it is sufficient to constitute a
violation of physical and moral integrity according to the standards of international
human rights law,78 and that, in the presence of these circumstances, it is possible to
infer, even when there is no other evidence in this respect, that the treatment
received during solitary confinement is inhuman and degrading.79
88.
In view of the foregoing, the Court considers that the unlawful and arbitrary
deprivation of freedom of Maritza Urrutia, subjecting her to the above-mentioned
detention conditions, constitutes cruel and inhuman treatment and, consequently,
the State violated Article 5(2) of the American Convention to her detriment.
89.
Regarding the allegations of the Commission and the representatives of the
alleged victim that Maritza Urrutia was a victim of torture, the Court must determine
whether the acts referred to constitute such treatment. The Court has indicated that
torture is strictly prohibited by international human rights law.80 The prohibition of
torture is absolute and non-derogable, even in the most difficult circumstances, such
a war, the threat of war, the fight against terrorism, and any other crime, martial law
or state of emergency, civil war or commotion, suspension of constitutional guarantees,
internal political instability, or any other public disaster or emergency.
90.
According to Article 1 of the United Nations Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment of Punishment, torture means:
74
Cf. Report of the Commission for Historical Clarification, Guatemala, memoria del silencio, Tome
VI, illustrative case No. 33, “Privación arbitraria de libertad y tortura de Maritza Urrutia”, pp. 245 to 250
(file of attachments to the application, attachment 2, folios 32 to 37).
75
Cf. Juan Humberto Sánchez case, supra note 14, para. 96; Bámaca Velásquez case, supra note
64, para. 150; and Cantoral Benavides case. Judgment of August 18, 2000. Series C No. 69, para. 90.
76
Cf. Bámaca Velásquez case, supra note 64, para. 150; Cantoral Benavides case, supra note 75,
para. 83; and Fairén Garbi and Solís Corrales case. Judgment of March 15, 1989. Series C No. 6, para.
149.
77
Cf. Bámaca Velásquez case, supra note 64, para. 150; Cantoral Benavides case, supra note 75,
para. 84; and Castillo Petruzzi et al. case, supra note 66, para. 195.
78
Cf. Juan Humberto Sánchez case, supra note 14, para. 98; Bámaca Velásquez case, supra note
64, para. 128; and Cantoral Benavides case, supra note 75, paras. 82 and 83.
79
Cf. Juan Humberto Sánchez case, supra note 14, para. 98; Bámaca Velásquez case, supra note
64, para. 150; and Cantoral Benavides case, supra note 75, paras. 83, 84 and 89.
80
Cf. Cantoral Benavides case, supra note 75, para. 95.