Chapter 8 • International Legal Standards for the Protection of Persons Deprived of Their Liberty
victims of ill-treatment and torture” contrary to article 5(1) and (2) of the American
Convention on Human Rights.48
In the case of Castillo-Páez, involving the abduction and disappearance of the
victim, the Inter-American Court of Human Rights concluded that it was contrary to
the right to humane treatment guaranteed by article 5 to place Mr. Castillo-Páez in the
trunk of an official vehicle, and that “even if no other physical or other maltreatment
occurred, that action alone must be clearly considered to contravene the respect due to
the inherent dignity of the human person.”49
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In the Irish case, the European Court of Human Rights concluded that the
combined use of the five interrogation techniques of people arrested in Northern
Ireland in 1971 constituted inhuman treatment within the meaning of article 3 of the
European Convention on Human Rights. The Court found that these techniques,
which consisted of wall standing, hooding, subjection to noise, deprivation of sleep,
and deprivation of food and drink, “were applied in combination, with premeditation
and for hours at a stretch” and that they “caused, if not actual bodily injury, at least
intense physical and mental suffering to the persons subjected thereto and also led to
acute psychiatric disturbances during interrogation”.50 In the view of the Court, these
interrogation techniques were also “degrading since they were such as to arouse in
their victims feelings of fear, anguish and inferiority capable of humiliating and
debasing them and possibly breaking their physical or moral resistance”.51
In the case of Tomasi versus France, the applicant was subjected to police
interrogation for about 40 hours, during which he had been “slapped, kicked, punched
and given forearm blows, made to stand for long periods and without support, hands
handcuffed behind the back; he had been spat upon, made to stand naked in front of an
open window, deprived of food, threatened with a firearm and so on”.52 This
constituted “inhuman and degrading treatment” to the European Court of Human
Rights, the Court significantly adding that “the requirements of the investigation and
the undeniable difficulties inherent in the fight against crime, particularly with regard to
terrorism, cannot result in limits being placed on the protection to be afforded in
respect of the physical integrity of individuals”.53
In the later case of Aksoy, the Court did however conclude that the applicant
had been subjected to torture. In this case, the Court stated that “where an individual is
taken into police custody in good health but is found to be injured at the time of release,
it is incumbent on the State to provide a plausible explanation as to the causing of the
injury, failing which a clear issue arises under Article 3 of the Convention.”54 Relying on
48 I-A Court HR, Villagrán Morales et al. case v. Guatemala, judgment of November 19, 1999, Series C, No. 63, p. 180, para. 177 read in
conjunction with p. 176, para. 186; emphasis added.
49 I-A Court HR, Castillo-Páez case, judgment of November 3, 1997, in OAS doc. OAS/Ser.L/V/III.39, doc. 5, Annual Report
Inter-American Court of Human Rights 1997, p. 264, para. 66.
50 Eur. Court HR, Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A, No. 25, p. 66, para. 167.
51 Ibid., p. 66, para. 167; emphasis added.
52 Eur. Court HR, Case of Tomasi v. France, judgment of 27 August 1992, Series A, No. 241-A, p. 40, para. 108.
53 Ibid., p. 42, para. 115.
54 Eur. Court HR, Case of Aksoy v. Turkey, judgment of 18 December 1996, Reports 1996-VI, p. 2278, para. 61.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
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