27
that undue restrictions in visiting regimes may constitute a violation of the right to humane
treatment.108 Similarly, the European Court on Human Rights has acknowledged that
detention, likewise any other measure depriving a person of his liberty, entails
inherent limitations on [the detainees’] private and family life. However, it is an
essential part of a detainee’s right to respect for family life that the authorities enable
him or, if need be, assist him in maintaining contact with his close family.109
98.
This Court acknowledges that Harrison’s Point Temporary Prison was not designed to
be a permanent detention center. Rather, it had to be reconfigured to become a prison due
to the fire that destroyed Glendairy Prison on March 29, 2005. A new allegedly state-of-theart permanent prison is currently under construction, which will allegedly have capacity for
1,250 prisoners, and was due to be completed in August 2007.110 As of the date of this
Judgment, the Court has not been informed as to whether this prison facility has been
completed or if the alleged victims have been transferred to it.
99.
The Court also recognizes that the State is implementing a number of policies that
will allegedly improve not only the conditions of detention of its prisoners, but also its penal
system as a whole. For example, the State has asserted that it is attempting to address
overcrowding through the Penal System Reform Act, which provides courts with a broader
range of sentencing options. This, according to the State, will be accompanied by a
“philosophical shift” towards a “policy based on the principles of restorative justice, with
incarceration being reserved for the most serious offenders and those who pose a genuine
threat to public safety.”111 Additionally, the State asserted that it will continue to implement
an education component in its new prison, as it had previously done in Glendairy Prison.
Finally, the State assured the Court that “the new prison facility will greatly improve the
services available to, and living conditions of, prisoners in Barbados.”
100. Although the Court appreciates the stated political will of the State to improve the
conditions of detention of its prisoners and reform its penal system, the fact remains that
the alleged victims in this case have already been detained at Harrison’s Point Temporary
Prison for more than two and a half years, where they have been subjected to conditions of
detention that fail to respect their integrity and inherent dignity. A future change in their
regime is not only desirable, but necessary; however, it will not give them back the time
they have spent in deplorable conditions, with no privacy and little to no contact with their
loved ones.
101. In this sense, Harrison’s Point Temporary Prison has now been in operation for over
two years, and in that time, prison conditions have not improved nor has the new prison
under construction been finished. Therefore, Messrs. Boyce, Joseph and Huggins have
remained in inhuman conditions for an unreasonable amount of time. Even under the
circumstances described by the State, the absolute lack of privacy, coupled with an
extremely deficient exercise regime and a complete disregard for the necessity of actual,
not virtual, interaction with family members and friends, are conditions of detention that are
108
Cf. Case of Loayza Tamayo V. Perú. Merits. Judgment of September 17, 1997. Series C No. 33, para. 58;
Case of the “Juvenile Reeducation Institute”, supra note 84, para. 154; Case of the Miguel Castro Castro Prison,
supra note 24, para. 315, and Case of García Asto and Ramírez Rojas V. Perú. Preliminary Objection, Merits,
Reparations and Costs. Judgment of November 25, 2005. Series C No. 137, para. 221. Cf. also UN Standard
Minimum Rules for the Treatment of Prisoners, supra note 84, Rules 10 and 11.
109
ECHR, Case of Bagiński V. Poland, Judgment of October 11, 2005, Application No. 37444/97, para. 89.
110
Cf. Affidavit of John Nurse, supra note 88, (folio 6563), and Report and Opinion of Prof. Andrew Coyle
(case file of appendices to the written final submissions of the parties, folio 6787).
111
Cf. Final written submissions of the State (merits case file, volume III, folio 888).
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