41 these and other serious inadequacies aggravate the deprivation of liberty of prisoners serving sentences and those awaiting trial, making of such deprivation cruel, inhuman and degrading punishment and, in the case of the latter, punishment served in advance of sentence.182 132. The facts that have not been disputed are that, from June 27, 2004, to March 10, 2005, Mr. Neptune was detained in the National Penitentiary, in an individual cement cell measuring 4.5 meters by 2.5 meters, which did not have a window, and was dark, badly ventilated and particularly dirty; the walls were stained with human excrement, and insects and animals appeared at night. He was allowed access to the sanitary installations for most of the day, but at night had to use a bucket. According to his testimony, members of the police or the prison guards sometimes beat the prisoners violently outside his cell, in front of him.183 133. The Penitentiary food was very limited; it was not nutritious or hygienically prepared. In addition, the water was contaminated. Consequently, and because he feared that someone might poison his food, Mr. Neptune only consumed the food and water that his family brought him each day. Even though he was allowed to go out to get fresh air and exercise, Mr. Neptune almost never left his cell because he feared physical violence, due to harassment or attacks by other prisoners.184 134. Mr. Neptune alleged that “as a prominent member of the former Government,” he received several death threats and there was even an attempt on his life.185 He received several threats to his life and his physical integrity, especially during two major incidents that occurred while he was detained in the National Penitentiary. On December 1, 2004, “police and prison guards fired shots in the course of a protest [which started about 60 meters from Mr. Neptune’s cell…], in the course of which […] they killed several prisoners’ and during which [Mr., Neptune’s] life was in danger.”186 Subsequently, on February 19, 2005, “armed men stormed the National Penitentiary, [… leading to the escape of nearly] 400 prisoners. […] During the incident, Mr. Neptune was forced to leave the prison and get into a car. His abductors released him in Port-au-Prince [… where] he managed to reach the house of another prisoner and immediately called the offices of [MINUSTAH] to request an escort back to the prison, because he was afraid he would be shot and killed. MINUSTAH accommodated his request.”187 135. Following the February 19, 2005, incident, Mr. Neptune’s detention conditions worsened. He was allegedly “insulted and threatened by the guards”; he was moved to another cell in the Penitentiary “that was less protected and less isolated from the other prisoners[, … in which he] was immediately locked for more than 24 hours [with two other prisoners].” The following day, Mr. Neptune returned to his usual cell and began a hunger strike to protest his detention. On March 10, 2005, he was transferred to a military hospital 182 Cf. United Nations, Final observations of the Committee against Torture: Bolivia. A/56/44, 10 May 2001 para. 95(f). 183 450). 184 Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, paras. 10-13 (folio Cf. Statement made before notary public (affidavit) by Yvon Neptune, supra note 6, para. 15 (folio 451). 185 Cf. Statement made before notary public (affidavit) by Ronald Saint-Jean on September 20, 2007, para. 9 (evidence file, volume III, folio 430). 186 187 Cf. Application submitted by the Commission, supra note 3, paras. 44 and 78 (folios 111, 120 and 121). Cf. Application submitted by the Commission, supra note 3, para. 45 and 78 (folios 111, 120 and 121).