122
the use of methods upon a person intended to obliterate the personality of
the victim or to diminish his physical or mental capacities, even if they do not
cause physical pain or mental anguish.
339.
In interpreting this standard, the legal precedents of the Inter‐American
human rights system have held that in order for conduct to be considered torture, the
following elements must be present: i) an intentional act; ii) which causes severe physical
or mental suffering; and iii) is committed with a given purpose or aim. 383 The Inter‐
American Court has established that “threatening an individual with a real risk of physical
injury causes, in certain circumstances, such moral anguish as may be considered
psychological torture,” 384 or at least inhuman treatment. 385
340.
Also, as interpreted by the UN Rapporteur on Torture, acts that do not
fall exactly under the definition of torture, particularly acts that lack the elements of
intentionality or that have not been committed for a specific purpose (deliberately), may
constitute cruel, inhuman or degrading treatment or punishment. For example, acts meant
to humiliate the victim constitute degrading treatment or punishment, even though they
have not inflicted serious pain. 386
341.
Following the European Court’s jurisprudence, the Inter‐American Court
has noted that in examining the seriousness of acts that may constitute cruel, inhuman or
degrading treatment or punishment, it is relative and dependent upon all of the
circumstances of the case, such as the duration of the treatment, the physical and mental
effects thereof and, in some instances, the victim’s gender, age and state of health, among
other things. 387 Similarly, following along the lines of the former European Commission, the
IACHR has found that treatment must have a minimum level of severity in order to be
considered “inhuman or degrading;” and that the determination of that minimum level is
related to and follows from the particular circumstances of each case. 388
383
I/A Court H.R., Case of Bueno‐Alves V. Argentina. Merits, Reparations and Costs. Judgment of May
11, 2007. Series C No. 164, para. 79.
384
I/A Court H.R., Case of Cantoral Benavides V. Peru. Judgment of August 18, 2000. Series C No. 69,
para. 102.
385
I/A Court H.R., Case of The “Street Children” V. Guatemala (Villagrán Morales et al.). Judgment of
November 19, 1999. Series C No. 63, para. 165.
386
United Nations, Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Report submitted to the (former) Commission on Human Rights, E/CN.4/2006/6, adopted on
December 23, 2005, para. 35.
387
I/A Court H. R., Case of Gómez Paquiyauri Brothers V. Peru. Judgment of July 8, 2004. Series C No.
110, para. 113. In the same vein, the Court held in the case of Loayza Tamayo that “[t]he violation of the right to
physical and psychological integrity of persons is a category of violation that has several gradations and embraces
treatment ranging from torture to other types of humiliation 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.” I/A Court H.R., Case of Loayza Tamayo V. Peru. Judgment of September 17,
1997. Series C No. 33, para. 57.
388
For example, with respect to Nicaragua in the early '80s, the IACHR considered as forms of
harassment and unnecessary humiliation to some prisoners, forcing them to sing the Sandinista anthem or attend
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