26 B.2) Conditions of Detention at Harrison’s Point Temporary Prison 95. Pursuant to the fire that destroyed Glendairy Prison on March 29, 2005, all prisoners were removed to two temporary prison facilities.98 All four alleged victims were at first taken to a temporary prison at St. Ann’s Fort and then transferred to Harrison’s Point Prison on June 18, 2005.99 Mr. Atkins remained in detention there until he was transferred to a hospital on October 23, 2005 where he died seven days later as a result of an illness.100 Messrs. Boyce, Joseph and Huggins are still detained at Harrison’s Point Temporary Prison. 96. Harrison's Point Temporary Prison was once a United States of America military base and, after the fire at Glendairy, it was rapidly reconfigured to serve as a prison, but is not a permanent facility.101 As of July 6, 2007 it held 990 male prisoners and 49 females.102 The prison is staffed by 274 employees and the Barbados Police force provides security outside each unit.103 97. The Court considers that three aspects of the conditions of detention in this temporary prison are particularly troubling. Firstly, the alleged victims have been held for more than two and a half years in cells that resemble cages.104 There are no walls or ceiling that may provide them with at least some measure of privacy. Rather, prisoners and officers can easily observe the alleged victims at all times through the grilled bars, including when using the slop bucket. Even if deprivation of liberty entails certain limitations to the enjoyment of the right to personal privacy, the Court is of the view that keeping detainees in “cages” cannot but infringe the right to be treated humanely. Secondly, during this time the alleged victims have not had proper time to exercise or leave their cells. At most, they are allowed out into the yard once a week.105 They must remain in their cages at all other times, except for 15 minutes every day when they may use the bathrooms and showers.106 Finally, the alleged victims have not had direct contact either with family members or friends since at least March of 2005, and are allowed, in theory, limited visual contact with them by way of a video conferencing system.107 On other occasions, the Court has indicated 98 Cf. Affidavit of John Nurse, supra note 88. Cf. Affidavit of John Nurse, supra note 88. 100 Cf. Death Certificate of Victim Frederick Atkins (case file of appendices to the answer to the application, volume VII, appendix 176, folios 6579-6581). 101 Cf. Testimony of John Nurse, supra note 88, (transcription, pg. 42), and Expert opinion of Prof. Andrew Coyle, supra note 88, (transcription, pg. 52 and 54). 102 Cf. Expert opinion of Prof. Andrew Coyle, supra note 88, (transcription, pg. 52). 103 Cf. Affidavit of John Nurse, supra note 89, (folio 6555), and Testimony of John Nurse, supra note 88, (transcription, pg. 41). 104 Cf. Affidavit of Lennox Boyce on prison conditions at Harrison’s Point, June 1, 2007 (case file of affidavits and observations thereto, appendix 2, folio 6620); Affidavit of Jeffrey Joseph on prison conditions at Harrison’s Point, June 1, 2007 (case file of affidavits and observations thereto, appendix 3, folio 6630); Affidavit of Michael Huggins on prison conditions at Harrison’s Point, June 1, 2007 (case file of affidavits and observations thereto, appendix 4, folio 6641); Expert opinion of Prof. Andrew Coyle, supra note 88, (transcription, pg. 52), and Testimony of John Nurse, supra note 88, (transcription, pg. 42). 105 Cf. Expert opinion of Prof. Andrew Coyle, supra note 88, (transcription, pg. 53), Affidavit of Lennox Boyce on prison conditions at Harrison’s Point, supra note 104, (folio 6622-6623); Affidavit of Jeffrey Joseph on prison conditions at Harrison’s Point, supra note 104, (folio 6633), and Affidavit of Michael Huggins on prison conditions at Harrison’s Point, supra note 104, (folio 6644). 106 Cf. Testimony of John Nurse, supra note 88, (transcription, pg. 36); Affidavit of Lennox Boyce on prison conditions at Harrison’s Point, supra note 104, (folio 6621-6622); Affidavit of Jeffrey Joseph on prison conditions at Harrison’s Point, supra note 104, (folio 6632), and Affidavit of Michael Huggins on prison conditions at Harrison’s Point, supra note 104, (folio 6643). 107 Cf. Expert opinion of Prof. Andrew Coyle, supra note 88, (transcription, pg. 53-54); Testimony of John Nurse, supra note 88, (transcription, pg. 42), and Affidavit of Lennox Boyce on prison conditions at Harrison’s Point, supra note 104, (folio 6623); Affidavit of Jeffrey Joseph on prison conditions at Harrison’s Point, supra note 104, (folio 6633), and Affidavit of Michael Huggins on prison conditions at Harrison’s Point, supra note 104, (folio 6644). 99

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