take place without taking measures to prevent it or to punish those responsible.”448
In certain circumstances, it may not even be necessary to show that a particular individual has suffered to prove a violation by the State; “subjecting a person
to official, repressive bodies that practice torture and assassination with impunity
is itself a breach of the duty to prevent violations of the rights to life and physical
integrity of the person, even if that particular person is not tortured or assassinated, or if those facts cannot be proven in a concrete case.”449
The Inter-American Court has been more expansive than other international
instances in its approach to the purposive element of torture, perhaps reflecting the wider definition of torture given in the IACPPT. In Gómez-Paquiyauri
Brothers v Peru, the Court stated that, in situations of massive human rights
violations, the purpose of the systematic use of torture is to intimidate the
population, bringing all such cases within the scope of the Convention.451
Where acts of torture are repeated, they will also generally fulfil the purpose
requirement. In Tibi v Ecuador, the Court found that “[t]he aim of repetitive
execution of these violent acts was to diminish [the] physical and mental abilities
[of the victim] and annul his personality for him to plead guilty of a crime.”452 Any
acts that have been “planned and inflicted deliberately upon the victim to wear
down his psychological resistance and force him to incriminate himself or to confess to certain illegal activities, or to subject him to other types of punishment, in
addition to imprisonment itself ” can be classified as physical and psychological
torture, so any ill-treatment following conviction would fulfil this criterion.453
Furthermore, even the threat of ill-treatment may reach the required level of
severity, as “the threat or real danger of subjecting a person to physical harm
Velásquez-Rodríguez v Honduras, IACHR (Series A) No. 4, judgement of 29 July 1982, §173;
Godínez-Cruz v Honduras, IACHR (Series C) No. 5, judgement of 20 January 20 1989, §183.
Velásquez-Rodríguez v Honduras (1982), op. cit., §175.
450
Servellón-García v Honduras, IACHR (Series C) No. 152, judgement of 21 September 2006,
§107.
451
Gómez-Paquiyauri Brothers v Peru, IACHR (Series C) No. 110, jugement of 8 July 2004, §116.
452
Tibi v Ecuador (2004), op. cit., §148.
453
Ibid. §146. See also Cantoral-Benavides v Peru, IACHR (Series C) No. 69, judgement of 18
August 2000, §104.
3
The Inter-american Regional System
Thus, in the Inter-American system, the requirement of intentionality may be
fulfilled not only by State failure to respect a negative duty of abstaining from
torture or conduct injurious to personal integrity, but also by a breach of the
positive duty of diligence and ensuring rights. As the Court recently reiterated,
international responsibility can therefore be created without strict intentionality on the part of a State agent or person acting in an official capacity.450
448
449
97
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