decision in Loayza Tamayo V. Peru judgment of September 17, 1997.
Series C No. 33, para 57, where the Inter-American Court held that: “the
violation of the right to physical and psychological integrity of
persons is a category of violation that has several gradation and
embraces treatment ranging from torture to other types of humiliating
or cruel, inhuman or degrading treatment with varying degrees of
physical and psychological effects caused by endogenous and
exogenous factors which must be proven in each specific situation.
The European Court of Human right has declared that, even in the
absence of physical injuries, psychological and moral suffering,
accompanied by psychic disturbance during questioning, may be
deemed inhuman treatment. The degrading aspect is characterized by
the fear, anxiety and inferiority induced for the purpose of humiliating
and degrading the victim and breaking his physical moral resistance”.
The act of slapping, kicking, masking, blind folding, being stripped naked,
handcuffing, unconsciousness/fainting, confined in a dark room and
inadequate feeding come with their physical and psychological effects. A
slap on its own amounts to humiliation with a considerable impact on the
person receiving it in terms of his identity, sight, speech and hearing as the
face is the center of his senses. This is capable of arousing in the victim a
feeling of arbitrary treatment, injustice and powerlessness. In the case of
BOUYID V. BELGIUM (2015) Application no. 23380/09 ECHR, the
European Court of Human Rights found that persons under the control of
the police or a similar authority, are in a situation of vulnerability as the
authorities who are under a duty to protect them flout this duty by inflicting
the humiliation of a slap. The Court also found that the fact that the slap
may have been administered thoughtlessly by an officer who was
exasperated by the victim’s disrespectful or provocative conduct was
irrelevant as the Convention prohibits in absolute terms torture and
inhuman or degrading treatment or punishment, irrespective of the conduct
of the person concerned.
The Court considers the acts of the Respondent as alleged diminished the
dignity of the Applicants and was therefore a violation of Article 5 of the
Charter. As to the conditions in the prison cells where the Applicants
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