GÄFGEN v. GERMANY JUDGMENT
17
husband ... Lastly, Maritza Urrutia was obliged to film a video, which was
subsequently broadcast by two Guatemalan television channels, in which she made a
statement against her will, the contents of which she was forced to ratify at a press
conference held after her release ...
92. An international juridical regime of absolute prohibition of all forms of torture,
both physical and psychological, has been developed and, with regard to the latter, it
has been recognised that the threat or real danger of subjecting a person to physical
harm produces, under determined circumstances, such a degree of moral anguish that
it may be considered ‘psychological torture’. ...
...
98. In light of the foregoing, the court declares that the State violated Article 5 of
the American Convention [on Human Rights], in relation to Article 1 § 1 thereof, and
the obligations established in Articles 1 and 6 of the Inter-American Convention
against Torture, to the detriment of Maritza Urrutia.”
67. The United Nations Special Rapporteur for the Commission on
Human Rights found in his report of 3 July 2001 to the General Assembly
on the question of torture and other cruel, inhuman or degrading treatment
or punishment (UN Doc. A/56/156) as follows:
“As stated by the Human Rights Committee in its General Comment No. 20
(10 April 1992), on Article 7 of the International Covenant on Civil and Political
Rights, the Special Rapporteur would like to remind governments that the prohibition
of torture relates not only to acts that cause physical pain but also to acts that cause
mental suffering to the victim, such as intimidation and other forms of threats.”
(paragraph 3)
He pointed out that “the fear of physical torture may itself constitute
mental torture” (paragraph 7). Furthermore, the Special Rapporteur was of
the opinion that:
“... serious and credible threats, including death threats, to the physical integrity of
the victim or a third person can amount to cruel, inhuman or degrading treatment or
even to torture, especially when the victim remains in the hands of law enforcement
officials.” (paragraph 8)
68. The United Nations Human Rights Committee, in its Views adopted
on 29 March 1983 in the case of Estrella v. Uruguay (Communication
No. 74/1980), found as follows regarding the author of the communication,
a concert pianist:
“The author was subjected to severe physical and psychological torture, including
the threat that the author’s hands would be cut off by an electric saw, in an effort to
force him to admit subversive activities.” (paragraph 8.3)
The Human Rights Committee held that the author had been subjected to
torture in violation of Article 7 of the International Covenant on Civil and
Political Rights (ICCPR) (paragraph 10).
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