Inter-American System
An essential aspect of the right to personal security is the absolute prohibition of
torture, a peremptory norm of international law creating obligations erga
omnes….
--IACHR, Report on the Situation of Human Rights of Asylum Seekers within the
Canadian Refugee Determination System, OEA/Ser.L/V/II.106, Doc. 40 rev.,
February 28, 2000 (para. 118).
*****
The 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. The European Court of Human Rights 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 and moral resistance…. That situation is exacerbated by the
vulnerability of a person who is unlawfully detained…. Any use of force that is
not strictly necessary to ensure proper behavior on the part of the detainee
constitutes an assault on the dignity of the person…, in violation of Article 5 of
the American Convention. The exigencies of the investigation and the
undeniable difficulties encountered in the anti-terrorist struggle must not be
allowed to restrict the protection of a person's right to physical integrity.
--Loayza Tamayo Case, I/A Court H.R., Judgment of September 17, 1997 (para.
57).
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