“…. the elements of the concept of torture established in Article 2 of the InterAmerican Convention against Torture (which is pari-materia with Article 5 of
the African Charter)Emphasis ours include methods to obliterate the personality
of the victim in order to attain certain objectives, such as obtaining information
from a person; or intimidation or punishment, which may be inflicted through
physical violence or through acts that produce severe mental or moral suffering
in the victim.”
59. The fact of the case is that Maritza Urrutia was abducted and tortured by
members of the Guatemalan Army due to her involvement in the political
organization Guerrilla Army of the Poor. Her abductors pressured her for certain
information, they threatened to kill her and that they had her son in a room, they
showed her photographs of corpses that had been destroyed and mutilated at the
war front, and told her that this would happen to her if she did not collaborate.
60. The Inter-American Court after analysing the facts of this case concluded that;
“It has been proved that Maritza Urrutia was subjected to acts of mental violence
by being exposed intentionally to a context of intense suffering and anguish,
according to the practice that prevailed at that time. The Court also considers
that the acts alleged in this case were prepared and inflicted deliberately to
obliterate the victim’s personality and demoralize her, which constitutes a form
of mental torture, in violation of Article 5(1) and 5(2) of the Convention to the
detriment of Maritza Urrutia”
b) Further in another case, the Inter-American Court held that;
“It should be pointed out that, according to international standards for
protection, torture can be inflicted not only via physical violence, but also
through acts that produce severe physical, psychological or moral suffering in
the victim. The Court also considers that said acts were planned and inflicted
deliberately upon Mr. Cantoral-Benavides for at least two purposes. Prior to his
conviction, the purpose was to wear down his psychological resistance and force
him to incriminate himself or to confess to certain illegal activities. After he was
convicted, the purpose was to subject him to other types of punishment, in
addition to imprisonment. Cantoral-Benavides v Peru, IACHR Series C no 69,
[2000] IACHR 6, IHRL 1452 (IACHR 2000).
This case illustrates that the purpose for the infliction of ill-treatment is not
restricted to extortion of confession, but can include punishment of a victim
which in this case is to gratify sadistic impulses.
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