The prohibition of torture in the jurisprudence of the Inter-American Court of Human Rights

Abstract

This article describes the criteria of the Inter-American Court of Human Rights relating to the topic of torture, a product of the analysis of sentences handed down by the Inter-American Court of Human Rights that made it possible to identify procedural and substantial lines of action. This is an international tribunal dedicated to this matter, with regional scope in the Americas, whose decisions are binding on the signatory states. The case law of this high court reveals characteristics of the human rights situation in the Americas and its defence. Two major aspects of the decisions relating to the topic were identified: one substantive and the other procedural. The substantive aspect encompasses those decisions relating to the substantive right, which pronounces on the truth of what happened, its characterization and consequences. The procedural aspect involves decisions relating to arguments relating to the proper conduct of trials and compliance with specific orders. The study of the sample collected on the subject of torture identified ten substantive and ten procedural criteria.