34
100.
In the instant case, the State has not complied with the minimum standards
during the detention of Mr. Raxcacó Reyes in sector 11 of the Zone 18 Men’s
Preventive Detention Center (supra paras. 43(19) to 43(23)).
101. The expert evidence of Aída Castro–Conde (supra para. 37(e)) concluded that
the prison conditions in which Mr. Raxcacó Reyes lives have caused him intense
psychological distress, She diagnosed that the prisoner suffers from post-traumatic
stress and indicated that he suffers from psychosomatic illnesses as a result of his
situation awaiting execution.
102. The Court considers that the prison conditions to which Ronald Ernesto
Raxcacó Reyes has been subjected have violated his right to physical, mental and
moral integrity contained in Article 5(1) of the Convention, and have constituted
cruel, inhuman and degrading treatment contrary to Article 5(2) thereof.
X
VIOLATION OF ARTICLE 8 OF THE AMERICAN CONVENTION
(RIGHT TO A FAIR TRIAL)
Arguments of the Commission
103. In relation to Article 8 of the American Convention, the Commission indicated
that the State had violated this Article by imposing a mandatory death penalty on
Mr. Raxcacó Reyes, denying him the opportunity of presenting arguments and
evidence before the court of first instance concerning the pertinence of applying the
death penalty in his case, and preventing the court of second instance from
reviewing the sentence for the same purpose.
Arguments of the representatives
104. In relation to Article 8 of the American Convention, the representatives
indicated that:
(a)
In the case of Mr. Raxcacó Reyes, the sentencing to the mandatory
death penalty prevented his personal circumstances from being taken into
10. All 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.
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. […]
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. […]
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.
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