126
accused. In reality, the two rights are harmoniously interlinked to legitimize the judicial
system of a human rights‐abiding State. 404 In this regard, beyond the specific mandate of
provisions pertaining to the right to humane treatment and the State’s duty to prevent,
punish and investigate torture, international human rights law establishes the general and
higher imperative under which States should adopt concrete measures to combat and
eradicate all forms of torture and cruel, inhuman and degrading treatment. These acts are
unacceptable in any democratic society and their commission cannot be justified under any
circumstance.
B.
The use of torture for purposes of criminal investigation 405
351.
As has been examined in this report, in many cases and circumstances
persons deprived of liberty can suffer violations of individual integrity, both at the hands of
the authorities themselves and of other inmates or detainees. Nonetheless, the IACHR has
noted over the years up to the present time that most acts of torture and cruel, inhuman
and degrading treatment perpetrated against persons in the custody of the State take
place during the arrest and first hours or days of detention. The great majority of the cases
involve acts of torture for purposes of criminal investigation. This pattern has been widely
documented, by both the Commission and the Court, as well as by the different protection
mechanisms of the United Nations.
352.
For example, in the context of the Fifth IACHR Report on the Human
Rights Situation in Guatemala, the Commission received reports of the consistent practice
by police agents of threatening and intimidating suspects from the time of arrest through
interrogation. The IACHR noted that there was a systematic pattern in confirmed cases,
which often involved placing oilcloth hoods over detainees’ heads, beatings, threats and
other assaults on detainees. 406 Subsequently, at a thematic hearing held in March 2006,
the petitioners provided information to the effect that the practice of subjecting detainees
to acts of torture for purposes of criminal investigation, particularly in cases of homicide,
aggravated robbery and drug trafficking, persisted in Guatemala. 407
353.
During a country visit to the Dominican Republic, the IACHR was informed
about the police practice of subjecting detainees to severe beatings; particularly, people
charged with minor offenses, who are captured in sting operations or raids. 408
404
IACHR, Report No. 55/97, Case 11.137, Merits, Juan Carlos Abella, Argentina, November 18, 1997,
para. 397.
405
Both the Inter‐American Convention to Prevent and Punish Torture (Article 2) and the UN
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Article 1), foresee
respectively the “criminal investigation”, and “obtaining from him or a third person information or a
confession” as the main purposes of the acts of torture over a person.”
406
IACHR, Fifth Report on the Situation of Human Rights in Guatemala, Ch. VI, paras. 15‐19.
407
IACHR, Public hearing: Situation of the Penitentiary System in Guatemala, 124º Ordinary Period of
Sessions, Participants: Instituto de Estudios Comparados en Ciencias Penales de Guatemala (ICCPG), March 6,
2006.
408
IACHR, Report on the Situation of Human Rights in the Dominican Republic, Ch. V, para. 175.
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