However, the latter provision may be of greater scope, as it is not limited to
torture, but applies to all forms of coercion, presumably including other forms
of ill-treatment.
The Inter-american Regional System
3
Thus, in Cantoral-Benavides v Peru, the Court, having determined that the
applicant had been subjected to physical and psychological torture with the
purpose of “wear[ing] down his psychological resistance and forc[ing] him to
incriminate himself or to confess to certain illegal activities,” found a violation of
Article 8 of the ACHR.487
3.2.5 Duty to train personnel and provide
procedural safeguards
Article 7 of the IACPPT provides:
“The States Parties shall take measures so that, in the training of police officers and other public officials responsible for the custody of persons temporarily
or definitively deprived of their freedom, special emphasis shall be put on the
prohibition of the use of torture in interrogation, detention, or arrest.
The States Parties likewise shall take similar measures to prevent other cruel,
inhuman, or degrading treatment or punishment.”
Where the detention centre or police station houses particularly vulnerable
groups, such as children, law enforcement officials may require additional
training in the particular needs of such groups.488
The ACHR also contains a number of procedural guarantees. These include
the right of anyone who is detained to be informed of the reasons for his or
her detention.489 In Tibi v Ecuador, the Court explicitly extended this right to
legal representatives, stating that it provides “a mechanism to avoid unlawful
or arbitrary conduct from the very act of deprivation of liberty on, and to ensure
defense of the detainee. Both the detainee and those representing him or with legal
custody over him [therefore] have the right to be informed of the motives of and
reasons for the detention and about the rights of the detainee.”490 The right to be
brought promptly before a judge is also guaranteed.491 In Petruzzi and Others v
Peru,492 the Court held that this guarantee is essential to the protection of the
Cantoral-Benavides v Peru (2000), op. cit., §§104, 132–133. See also Tibi v Ecuador (2004), op.
cit., §149.
488
See, for example, Bulacio v Argentina (2003), op. cit., §136.
489
Article 7(4) ACHR.
490
Tibi v Ecuador (2004), op. cit., §109.
491
Article 7(5) ACHR.
492
Castillo Petruzzi and Others v Peru, IACHR (Series C) No. 52, judgement of 30 May 1999.
487
108
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