45
149. Regarding the specific situation of the alleged victim in this case, the State did not
dispute the allegation according to which, even though Mr. Neptune was kept alone in his
cell during his stay in the National Penitentiary, this cell was located near the other
prisoners, including those who had been convicted. Yvon Neptune, Ronald Saint-Jean and
Mario Joseph also indicated this in their respective statements,204 and it was not contested
by the State. Accordingly, it can be considered proven that, for most of the nine months
during which Mr. Neptune was detained in the National Penitentiary, even though he was
alone in his cell, he was not separated from the convicted prisoners as required by Article
5(4) of the Convention. In this regard, the State did not cite the existence of exceptional
circumstances to justify the failure to temporarily separate the accused from the convicted
prisoners.
150. Based on the above, the Court finds that the lack of separation between accused
persons and convicted persons to which Mr. Neptune was exposed while he was detained in
the National Penitentiary constitutes a violation of Article 5(4) of the American Convention,
in relation to Article 1(1) thereof.
*
*
*
151. For these reasons, the Court finds that the State is responsible for the violation of
the right to humane treatment embodied in Article 5(1), 5(2) and 5(4) of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Yvon Neptune.
X
REPARATIONS
(Application of Article 63(1) of the American Convention)205
152.
It is a principle of international law that any violation of an international obligation
that results in damage establishes the obligation to repair it adequately.206 All aspects of
made before notary public (affidavit) by Ronald Saint-Jean, supra note 185, para. 7 (folio 429), and testimony
given before notary public (affidavit) by Mario Joseph, supra note 81, para. 23 (folio 425).
204
Cf. Application submitted by the Commission, supra note 3, paras. 42 and 55 (folios 111 and 114);
statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 15 (folio 451); statement
made before notary public (affidavit) by Ronald Saint-Jean, supra note 185, para. 7 (folio 429), and statement
made before notary public (affidavit) by Mario Joseph, supra note 81, para. 23 (folio 425).
205
206
Article 63(1) of the Convention stipulates that:
If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court
shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall
also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such
right or freedom be remedied and that fair compensation be paid to the injured party.
Cf. Velásquez Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 25; The Saramaka People v. Suriname, supra note 36, para. 186, and Albán Cornejo et al. v. Ecuador, supra
note 38, para. 138.
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