65
authorities must bear this in mind when applying or assessing the sanctions they
establish.
102. According to Article 5 of the Convention, all persons deprived of their liberty
shall be treated with regard for the inherent dignity of the human person.217 On
other occasions, the Court has indicated that detention in conditions of
overcrowding, isolation in a small cell, with lack of ventilation and natural light,
without a bed for rest, or adequate sanitary conditions, incommunicado or undue
restrictions in the visiting regime, constitute a violation of the right to humane
treatment.218 Since the State is responsible for prison establishments, it must
guarantee prisoners the existence of conditions that respect their fundamental rights
and a decent life.219
103. The Court has also established that “prolonged isolation and compulsory
incommunicado are, in themselves, cruel and inhuman treatment, which harm the
physical and moral integrity of the individual and the right to respect for the inherent
dignity of the human person.”220
104. Incommunicado may only be used exceptionally, taking into account its
severe effects, because “isolation from the exterior world produces moral suffering
and mental stress on any individual, which place him in an exacerbated situation of
vulnerability, creating a real risk of aggression and abuse of authority in prisons.”221
105. On January 11, 1996, the military court delivered a first-instance judgment
against Lori Berenson, sentencing her to life imprisonment for the crime of treason
(supra para. 88(30)). This judgment was confirmed in the final instance on March
12, 1996 (supra para. 88(37)). The first-instance judgment established that she
“would serve [her sentence] in the Yanamayo Prison,” where she remained from
January 17, 1996, to October 7, 1998 (supra para. 88(73)).
106. In relation to the imprisonment conditions in the Yanamayo Prison, located at
3,800 meters above sea level (supra para. 88(73)), it has been proved that Lori
Berenson was kept in a regime of continuous solitary confinement for one year, in a
small cell, without ventilation, natural light or heating, with inadequate food and
deficient sanitary facilities (supra paras. 88(74)(i), (ii), (iii) and (iv)).222 During the
first year of detention, her right to receive visitors was severely restricted (supra
217
Cf. Case of Tibi, supra note 3, para. 150; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 151; and Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 126.
218
Cf. Case of Tibi, supra note 3, para. 150; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 152; and Case of Cantoral Benavides, supra note 25, para. 89. Similarly, Cf. UN. Standard
minimum rules for the treatment of prisoners, adopted by the First United Nations Congress on the
Prevention of Crime and Treatment of Offenders, held in Geneva in 1955, and adopted by the Economic
and Social Council in its resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977, Rules
10 and 11.
219
Cf. Case of Tibi, supra note 3, para. 150; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 152; and Case of Bulacio, supra note 217, para. 126.
220
Cf. Case of Maritza Urrutia, supra note 4, para. 87; Case of Bámaca Velásquez, supra note 210,
para. 150; and Case of Cantoral Benavides, supra note 25, para. 83.
221
Cf. Case of Maritza Urrutia, supra note 4, para. 87; Case of Bámaca Velásquez, supra note 210,
para. 150; and Case of Cantoral Benavides, supra note 25, para. 84.
222
Cf. UN Investigation in relation to Article 20: Peru. 16/05/2001. A/56/44, paras. 144-193.
(Inquiry under Article 20), paras. 183 and 184.
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