3.3 Scope of Application
The Inter-American Court and Commission, like their regional and international counterparts, have interpreted the prohibition of torture and illtreatment in the ACHR and IACPPT widely, to ensure the fullest protection
of individuals.
3.3.1 The absolute nature of the prohibition of torture
and other ill-treatment
3
The Inter-american Regional System
The Court considers that reparation of the damage caused by a violation of
human rights requires, whenever possible, the reestablishment of the situation
before the violation. If this is not possible, the Court will order “adoption of
a series of measures that, in addition to ensuring respect for the rights that were
abridged, provide reparation of the consequences caused by the violations and
pay compensation for the damages caused in the pertinent case.”501 The InterAmerican Court goes much further than other international bodies in the
types of reparations it will order. For example, in Vargas Areco v Paraguay, in
addition to pecuniary damages, the Court ordered that the State was, among
other things, to organise an official public act to acknowledge its international
liability and apologise to the victim’s relatives, prepare audiovisual presentations on the case for elementary and secondary schools to illustrate the risks of
compulsory military service, and name a street after the victim.502
The right to personal integrity is included in the list of non-derogable rights
under Article 27(2) of the ACHR; States can make no exception to this right
even in extreme situations “such as war, the threat of war, the struggle against
terrorism, and any other crimes, state of siege or of emergency, internal disturbances or conflict, suspension of constitutional guarantees, domestic political
instability, or other public disasters or emergencies,” or when the life of a country
is threatened.503 Similarly, as discussed in section 3.2.5, the judicial guarantees
Gómez-Paquiyauri Brothers v Peru (2004), op. cit., §189; Goiburú and Others v Paraguay (2006),
op. cit., §§141–42; Urrutia v Guatemala (2003), op. cit., §143; Ximenes-Lopes v Brazil (2006), op.
cit., §177
502
Vargas Areco v Paraguay (2006), op. cit., §136(d).
503
Article 27(1) ACHR. See also Juvenile Reeducation Institute v Paraguay (2004), op. cit., §157; Tibi
v Ecuador (2004), §143; Urrutia v Guatemala (2003), op. cit., §89; Gómez-Paquiyauri Brothers v
Peru (2004), op. cit., §111; De la Cruz Flores v Peru (2004), op. cit., §125; Berenson-Mejía v Peru,
IACHR (Series C) No. 119, judgement of 25 November 2004, §100; Cantoral-Benavides v Peru
(2000), op. cit., §95; Servellón-García v Honduras (2006), op. cit., §97; Baldeón-García v Peru
(2006), op. cit., §117. See generally Robert Goldman, Claudio M. Grossman, Claudia Martin
and Diego Rodríguez-Pinzón, The International Dimension of Human Rights, Inter-American
Development Bank, 2001, section IIIA, p. 49.
501
111
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents