124
providing adequate and constant oversight at prison facilities and maintaining internal
security and order.
344.
Effectively guaranteeing the right to humane treatment of persons
deprived of liberty also entails the duty of the State to investigate, punish, and redress any
violation of this right committed against persons in its custody. The basis of this
international obligation is found in Article 1.1, 8 and 25 of the American Convention, and in
Article 1, 6 and 8 of the Inter‐American Convention to Prevent and Punish Torture. As for
the content and scope of these provisions, the Inter‐American Court has established that
“the State has the duty to immediately and ex officio to begin an effective investigation to
identify, try and punish those responsible, when there is a complaint or there are grounds
to believe that an act of torture has been committed in violation of Article 5 of the
392
American Convention.”
345.
The Court has further established that effective investigation and
documentation of cases of torture and cruel, inhuman and degrading treatment must be
governed by the principles of independence, impartiality, competence, diligence, and
promptness. 393 This investigation should be undertaken utilizing all the legal means
available and should be oriented toward the determination of the truth, 394 and be
conducted within a reasonable time, which should be ensured by the intervening judiciary
bodies. 395 Additionally, it is the duty of judicial authorities to ensure the rights of the
detainee, which involves obtaining and securing any evidence that may prove the alleged
acts of torture.
346.
Likewise, the State should ensure the independence of the medical and
health care personnel in charge of examining and providing assistance to persons deprived
of liberty so they are able to freely perform the required medical evaluations, and adhere
to established standards in the practice of their profession. 396
347.
In cases involving persons deprived of liberty, the IACHR has set a higher
standard regarding the State’s duty to investigate, in considering that, in such instances,
392
I/A Court H. R., Case of Tibi V. Ecuador. Judgment of September 7, 2004. Series C No. 114, para. 159.
The Inter American Court has taken a bit of a formal position in relation to the concept of "claim" as a
precondition of the State's obligation to investigate promptly and impartially the possible cases of torture, leading
to consider in the case Vélez Loor that it is enough that the victim or a third party make it known to the
authorities. I/A Court H.R., Case of Vélez Loor V. Panama. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 23, 2010 Series C No. 21, para. 240.
393
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. 108.
394
I/A Court H.R., Case of García‐Prieto et al. V. El Salvador. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of November 20, 2007. Series C No. 168, para. 101.
395
I/A Court H. R., Case of Bulacio V. Argentina. Judgment of September 18, 2003. Series C No. 100,
para. 114.
396
I/A Court H.R., Case of Cabrera‐García and Montiel‐Flores V. Mexico. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of November 26, 2010. Series C No. 220, para. 135. In this regard, the Court
followed the paragraphs 56, 60, 65, 66 and 76 of the Istanbul Protocol.
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