39 the charges of which Mr. Neptune was and still is accused of participating in as a “massacre” could have contributed to stigmatizing him and to aggravating the treatment he received. X ARTICLE 5 (RIGHT TO HUMANE TREATMENT),172 IN RELATION TO ARTICLE 1(1) OF THE CONVENTION 127. The Commission contended that the State violated the rights of Mr. Neptune embodied in Articles 5(1) and 5(2) of the Convention, in relation to Article 1(1) thereof, considering that “the living conditions [he] had to endure reveal that those conditions did not meet the minimum requirements for treatment befitting his condition as a human being.” 173 According to the Commission, “[t]he conditions of the National Penitentiary constitute inhumane and degrading treatment that imperils the inmates’ lives and safety. The detainees are in the total custody of the State authorities, with very limited means of protecting themselves, a situation that makes inmates of a certain age and state of health, such as Mr. Neptune, all the more vulnerable.” 174 The Commission affirmed that “the unlawful conditions under which the inmates, including Mr. Neptune, were forced to live and the lack of preventive strategies to avoid escalating tensions, are in themselves breaches of the State’s obligation to ensure the life and personal safety of persons in its custody.”175 128. The representative presented similar arguments to those expressed by the Commission. In particular, he indicated that the conditions under which Mr. Neptune was detained “violated his right to humane treatment on a daily basis,” especially during his detention in the National Penitentiary from June 27, 2004 to April 21, 2005; in particular, in relation to the general lack of security in the prisons which kept him in a state of constant fear; the threats and attacks on his life; the lack of medical and psychological care and treatment; the conditions of his cell (size, lack of hygiene, presence of animals and the thin, dirty mattress); the inadequacy of the sanitary installations and the hygiene conditions; the lack and poor quality of the water and adequate nutrition; and the impossibility of physical exercise or recreational activities. 176 The representative also alleged that Mr. Neptune’s detention constituted a form of cruel, inhuman and degrading treatment; particularly due to the acts of “torture and other abuse [to which the other] detainees [were subjected] in the secretariat of the detention center,” which was next door to Mr. Neptune’s cell; and the fact that, on April 22, 2005, Mr. Neptune was taken to Saint-Marc, “against his will and despite the fact that he was in poor health, [and] by an exhausting route, to wait for hours in the court for a hearing that had never been convened by his judge.”177 172 Article 5 (Right to humane treatment) 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person. […] 4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons. 173 Application submitted by the Commission, supra note 3, para. 80 (folio 121). 174 Application submitted by the Commission, supra note 3, para. 63 (folio 117). 175 Application submitted by the Commission, supra note 3, para. 75 (folio 120). 176 Cf. Final written arguments presented by the representative, supra note 65, para. 64 (folios 282 and 283). 177 Cf. Final written arguments presented by the representative, supra note 65, para. 65 (folio 283).