Chapter 3 Conditions of Detention | 55 110. In its response to this report, the U.S. Government indicated that President Obama determined “that the Executive Summary, Findings, and Conclusions of the SSCI Report should be declassified, with appropriate redactions necessary to protect national security, because public scrutiny, debate, and transparency will help to inform the public’s understanding of the program to ensure that the United States never resorts to these kinds of interrogation techniques again.” 104 111. According to the IACHR, “[a]n essential aspect of the right to personal security is the absolute prohibition of torture, a peremptory norm of international law creating obligations erga omnes” and has emphasized the prohibition of torture as a norm of jus cogens. 105 The IACHR understands that an act that constitutes torture exists when the ill-treatment is: (a) intentional; (b) causes severe physical or mental suffering, and (c) is committed with a purpose or objective, including the investigation of crimes. It should be noted that the definition of torture is subject to ongoing reassessment in light of present-day conditions and the changing values of democratic societies. 106 112. Inter-American jurisprudence has clearly established that “the fact that a State is confronted with terrorism should not lead to restrictions on the protection of the physical integrity of the person.” 107 In this regard, the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment has indicated that “States cannot limit the application of this prohibition under their domestic law for reasons of public emergencies, anti-terrorism measures or in the context of armed conflicts.”108 113. In the context of interrogation and detention, inter-American jurisprudence has found certain acts such as beatings, death threats, slaps in the face, keeping detainees naked, “dry submarine” (placing a plastic bag over the head to prevent the victim from breathing, while simultaneously beating his or her ears repeatedly), to constitute torture. 109 In addition, according to inter-American jurisprudence, torture can be inflicted not only via physical violence, but also through acts that produce severe physical, psychological or moral suffering of the victim. 110 104 105 106 107 108 109 110 Submission of the Government of the United States to the Inter-American Commission on Human Rights with respect to the Draft Report on the Closure of Guantanamo, OEA/Ser.L/V.II.Doc. 30 January 2015, March 30, 2015, p. 5. IACHR, Report on Terrorism and Human Rights, OEA/Ser.L/V/II.116.Doc.5 rev.1, October 22, 2002, para. 155. See in this regard, IACHR, Report No. 5/96, Case 10.970, Peru, March 1, 1996. I/A Court H.R., Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Series C No. 69, para. 96. Statement of the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Mendez, IACHR’s Expert Meeting on the situation of detainees held at the U.S. Naval Base at Guantanamo Bay, Washington DC, October 3, 2013, p. 7. IACHR, Report No. 117/09, Case 12.228, Merits (Publication), Alfonso Martin del Campo Dodd, Mexico, November 19, 2009; I/A Court H.R., Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Seires C No. 69; I/A Court H.R., Case of Bayarri v. Argentina. Preliminary Objection, Merits, Reparations and Costs. Judgment of October 30, 2008, Series C No. 187). I/A Court H.R., Case of Cantoral Benavides v. Peru. Merits. Judgment of August 18, 2000. Seires C No. 69, para. 100. Inter-American Commission on Human Rights | IACHR