considered that the poor physical conditions and hygiene of places of detention, as well as the
absence of adequate light and ventilation, may, in themselves, violate Article 5 of the American
Convention, depending on their extent and duration and the personal characteristics of the person
experiencing them, because they can cause sufferings of an intensity that exceeds the limit of
inevitable suffering resulting from the detention, and because they result in feelings of humiliation
and inferiority.114
89.
Regarding the prison conditions specific to the present case, the Court notes, first, that the
prison windows were located at the top of the walls, which prevented the entry of enough light and
the circulation of air.115 The Court further notes that access to water was very restricted, limited to
meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content
of air, minimum floor space, lighting, heating and ventilation.
11. In all places where prisoners are required to live or work, (a) The windows shall be large enough to
enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the
entrance of fresh air whether or not there is artificial ventilation; (b) Artificial light shall be provided sufficient
for the prisoners to read or work without injury to eyesight.
12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature
when necessary and in a clean and decent manner. [...]
14. All pans of an institution regularly used by prisoners shall be properly maintained and kept scrupulously
clean at all times.
15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water
and with such toilet articles as are necessary for health and cleanliness. [...]
16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities
shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
[...]
20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional
value adequate for health and strength, of wholesome quality and well prepared and served. (2) Drinking
water shall be available to every prisoner whenever he needs it. […]
21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise
in the open air daily if the weather permits. (2) Young prisoners, and others of suitable age and physique,
shall receive physical and recreational training during the period of exercise. To this end space, installations
and equipment should be provided.
22. (1) At every institution there shall be available the services of at least one qualified medical officer who
should have some knowledge of psychiatry. […]
24. The medical officer shall see and examine every prisoner as soon as possible after his admission and
thereafter as necessary […]”.
See also, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Adopted by the InterAmerican Commission on Human Rights during the 131st regular session, held March 3-14, 2008, principles IX, X, XI and XII.
Case of Pacheco Teruel et al. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C No. 241, para.
67 and Case of the Pedrinhas Prison Complex v. Brazil. Provisional Measures. Order of the Inter-American Court of Human
Rights of March 14, 2018, para. 47, and Case of the Curado Prison Complex regarding Brazil. Provisional Measures. Order of
the Inter-American Court of Human Rights of November 28, 2018, para. 31.
114
Case of Díaz Peña v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of June 26, 2012.
Series C No. 244, para. 135, and Case of J. v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of
November 27, 2013. Series C No. 275, para. 372.
115
Cf. Expert report of Aída Castro-Conde Barrios on the state of mental health of Miguel Ángel López Calo and Miguel
Ángel Rodríguez Revolorio, of June 23, 2005 (evidence file, folio 265). In this regard, Rule 10 of the United Nations Standard
Minimum Rules for the Treatment of Prisoners establishes that "accommodation provided for the use of prisoners and in
particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and
particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. In relation to access to natural light
and fresh air, rule 11 of the United Nations Standard Minimum Rules for the Treatment of Prisoners provides that "[i]n all
premises where prisoners are required to live or work: (a) The windows shall be large enough to enable the prisoners to read
or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is
artificial ventilation; (b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight."
See also, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, Adopted by the InterAmerican Commission on Human Rights during the 131st regular session, held March 3-14, 2008, Principle XII. See also, Case
of Montero Aranguren et al (Retén de Catia) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of
July 5, 2006. Series C No. 150, para. 146, and Case of Pacheco Teruel et al. v. Honduras. Merits, Reparations and Costs.
Judgment of April 27, 2012. Series C No. 241, paras. 65 and 67.
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