A/HRC/45/CRP.11
321. Some military spent long periods in isolation, especially at the beginning of the
deprivation of liberty. Prolonged solitary confinement 766 is considered inhuman treatment in
violation of article 10 (1) of the ICCPR 767 and other relevant standards.768 It should be used
only in exceptional cases as a last resort.769 Given its severe adverse health effects, solitary
confinement itself can amount to torture, depending upon its purpose, duration and effect on
the victim.770
322. In three of the cases investigated, DGCIM perpetrated acts of sexual or gender-based
violence against military detainees during interrogation to degrade, humiliate or punish them.
Sexual or gender-based violence may amount to torture or cruel, inhuman or degrading
treatment in certain circumstances. This includes rape, threats to rape either an individual or
their family members, forced nudity, touching of sexual organs, shocks or beatings to
reproductive organs, threats to mutilate genitals, among other conduct. 771
323. DGCIM female and male officers subjected individuals interviewed to forced nudity
including for days.772 Male custodians threatened to rape male detainees with sticks and
bats.773 Electric shocks and blows were administered, including to the testicles. DGCIM
officers subjected detainees to a practice they called “breastfeeding” (dar la teta), during
which they beat detainees with a bat, with the word “tit” (teta) written on it.774 Female
relatives taken to “safe houses” were sexually assaulted and/or tortured with asphyxiation,
beatings and electric shocks.775
324. In most cases investigated, victims were not brought to a medical professional prior
to their initial court appearance.776 In some cases, medical professionals from SENAMECF
evaluated detainees and certified that they were in good physical condition, despite detainees
showing visible injuries.777 One witness told the Mission that SENAMECF doctors forced
detainees to sign documents stating that they were in good physical condition. He said, “I
was blindfolded and handcuffed. They presented me to the forensic doctor they had called to
evaluate my state of health, and the doctor made me sign and fingerprint a document saying
that I was in perfect condition. This was the only moment that they took off my blindfold”. 778
766
767
768
769
770
771
772
773
774
775
776
777
778
86
Rule 44 of the Mandela Rules define solitary confinement shall refer to the confinement of prisoners
for 22 hours or more a day without meaningful human contact. Prolonged solitary confinement shall
refer to solitary confinement for a period in excess of 15 consecutive days.
ICCPR, article 10 (1). See also 2013 Special Law to Prevent and Sanction Torture and other Cruel,
Inhuman or Degrading Treatment, articles 18 and 21.
Basic Principles for the Treatment of Prisoners, principle 7; UN Standard Minimum Rules for the
Treatment of Prisoners (the Mandela Rules) rules 43(1) and 44-45.
Rule 45 (1) of the Mandela Rules.
See A/66/268, para. 71 and A/63/175, paras. 77 ff.
See General recommendation No. 35 on gender-based violence against women of CEDAW,
CEDAW/C/GC/35, 26 July 2017, para. 16; Istanbul Protocol (Manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment),
2004, paras 215-216; Prosecutor v Kvočka et al., ICTY-98-30/1-T, Trial Judgment, 2 November
2001, paras 560-1; Prosecutor v Brđanin, ICTY-99-36-T, Trial Judgment1 September 2004, paras
498-500, 516; Saadi Ali v. Tunisia, para 3.8, U.N. Doc. CAT/C/41/D/291/2006 (Nov. 21, 2008)
(finding that a victim who was subjected to rape threats while he was half-naked constituted torture);
Al Nashiri v. Poland, Eur. Ct. H.R., App. No. 28761/11, paras 504, 511, 516 (2015) (finding that
threats of sodomy, arrests, and rape constituted torture).
Case 15: Colonel Rommel Acevedo, Case 15: José Antonio Iabichuela, Case 15: Colonel Palomo
Garcia, Case 16: Sargent Luis Bandres Figueroa, Case 14: Major Isaias Lenin Falcón, C3DD21,
C3DD22, C3DD2, C3DD33, C3DD42, C3DD37, C2EE18.
This occurred at least in the following cases: C3DD06, C3DD03, C2EE18. At least one female
detainee was also threatened with rape, C3EE10.
C3DD03.
Case 18: Ariana Granadillo, Sorbay Padilla, C3EE04, C3EE07, C3EE08.
Case 14: Major Isaias Lenin Falcón, C3DD14, Case 15: Colonel Rommel Acevedo, Case 15: Antonio
José Iabichuela.
Case 13: Captain Luis de la Sotta, Case 16: Sargeant Luis Bandres Figueroa, C3DD01, C3DD31.
Document C3DD01, on file with the Mission.
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