Chapter 3 Conditions of Detention | 63
differentiated from torture. Nevertheless, the jurisprudence of the Inter-American
Commission offers certain guiding principles to evaluate whether specific conduct
may fall within these categories. The IACHR has taken into account European
jurisprudence according to which “inhuman treatment is that which deliberately
causes severe mental or psychological suffering, which, given the particular
situation, is unjustifiable” and that “treatment or punishment of an individual may
be degrading if he is severely humiliated in front of others or he is compelled to act
against his wishes or conscience.” 146 The essential criterion to distinguish between
the concept of “torture” and “inhuman or degrading treatment,” relates primarily to
the intensity of the suffering inflicted. 147
132. Given that the State acts as a guarantor vis-à-vis the persons in its custody, it has a
special duty to guarantee the fundamental rights of persons deprived of liberty and
to ensure that the conditions of their detention are consistent with the dignity
inherent to all human beings. 148 Further, the international humanitarian law of
non-international armed conflict –as reflected in Common Article 3 of the Geneva
Conventions, Additional Protocol II to the Geneva Conventions where applicable,
and customary international humanitarian law– provide for rights of detainees in
relation to treatment and conditions of detention, and may in some circumstances
amount to torture. 149
133. The IACHR’s Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas establish that “the prolonged, inappropriate or unnecessary
use [of solitary confinement] would amount to acts of torture, or cruel, inhuman, or
degrading treatment or punishment.” 150 In this regard, according to constant interAmerican jurisprudence, prolonged isolation and being held incommunicado
constitute, in themselves, forms of cruel and inhuman treatment, harmful to the
mental and moral integrity of the person and to the right of all detainees to have
their inherent dignity respected. 151
134. The IACHR has stressed that even in extraordinary circumstances, the indefinite
detention of individuals, most of whom have not been charged, constitutes a
flagrant violation of international human rights law and in itself constitutes a form
of cruel, inhuman, and degrading treatment. During its 147 sessions, the IACHR
received specialized information on the severe and lasting physiological and
psychological damage caused by the detainees’ high degree of uncertainty over
146
147
148
149
150
151
IACHR, Report Nº 35/96, Case 10.832, Luis Lizardo Cabrera, Dominican Republic, February 19, 1998, para. 77,
citing Eur. Com. H.R., The Greek Case, 1969, 12 Y. B. Eur. Conv. on H.R. 12.
IACHR, Report Nº 35/96, Case 10.832, Luis Lizardo Cabrera, Dominican Republic, February 19, 1998, para. 80,
citing the European Human Rights Court case of Ireland against the United Kingdom, Series A No. 25.
IACHR, Report on the Human Rights of Persons Deprived of Liberty in the Americas, OEA/Ser.L/V/II.Doc.64,
December 31, 2011, para 241.
ICRC, Resource Center, The relevance of IHL in the context of terrorism, January 1, 2011. Available at:
https://www.icrc.org/eng/resources/documents/misc/terrorism-ihl-210705.htm
IACHR, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Principle
XXII, March, 2008.
I/A Court H.R., Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69,
para. 83.
Inter-American Commission on Human Rights | IACHR
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