43 American Convention. The unhygienic and unsanitary conditions of Mr. Neptune’s cell, the lack of access to adequate sanitary installations, and the restriction of movement for fear of physical attack that he had to endure, constituted inadequate detention conditions. These conditions were aggravated by the climate of insecurity, the threats Mr. Neptune received from the guards and the other prisoners, the lack of a penitentiary policy to prevent the escalation of violence – which resulted in a riot in December 2004, in which Mr. Neptune’s life was in danger – and the lack of measures to effectively protect his physical integrity. 139. Consequently, the Court finds that, while Mr. Neptune was detained in the National Penitentiary and in its Annex, the State failed to comply with its obligations as a guarantor of his rights, which constitutes a violation of Article 5(1) and 5(2) of the American Convention (supra para. 129), in relation to Article 1(1) thereof, to his detriment. * * * 140. The Commission contended that “the failure to separate the detainees, taking into account the degree of danger posed by each one and the status of the proceedings in each case, is a violation of Article 5(4) of the American Convention, in conjunction with Article 1(1) thereof.”196 The Commission indicated that, “in violation of domestic and international law, most inmates at the National Penitentiary are standing trial but have not been convicted (which, by extension, means that they are presumed innocent). Those inmates are forced to live in these highly dangerous conditions, alongside convicted criminals. No consideration is given to the degree of danger they pose or the status of the proceedings in their cases.”197 141. The representative also alleged the violation of this provision.198 142. Article 5(4) of the American Convention establishes that “save in exceptional circumstances,” accused persons shall, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as persons who have not been convicted. 143. This principle is also established, in exactly the same way, in Article 10, paragraph 2(a), of the International Covenant on Civil and Political Rights. Likewise, the eighth principle of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment indicates that: Persons in detention shall be subject to treatment appropriate to their unconvicted status. Accordingly, they shall, whenever possible, be kept separate from imprisoned persons.199 144. Also, paragraph 8 of the Standard Minimum Rules for the Treatment of Prisoners stipulates that: 196 Cf. Application submitted by the Commission, supra note 3, para. 82 (folio 121). 197 Cf. Application submitted by the Commission, supra note 3, para. 81 (folio 121). 198 Cf. Final written arguments presented by the Commission, supra note 65, para. 66 (folio 283). 199 Cf. United Nations, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly in its Resolution 43/173, of 9 December 1988, Principle 8.