25
prisoners held in Glendairy had grown to 994, or more than three times its maximum
capacity, of which 942 were male and 52 were female.90 The staff consisted of a total of 282
employees.91
92.
Prisoners sentenced to death at Glendairy Prison were held in the maximum risk
area. The cells in this area measured ten feet five inches in length, five feet in width and ten
feet two inches in height. Cellblocks were lit by a light bulb. The outer cells, where Mr.
Atkins was held, had windows. Messrs. Joseph, Boyce and Huggins were housed in inner
cells that had no windows. In these inner cells, ventilation was provided through the doors
of the cells, which opened onto a corridor.92 The alleged victims had to use what are known
as “slop buckets” to urinate and defecate in, which where emptied twice a day, once in the
morning and again in the evening, and at other times upon special request.93 The alleged
victims would stay in their cells at least 23 hours a day.94
93.
The evidence submitted in this case demonstrates that by 2005 the prisoner
population at Glendairy had exceeded three times its capacity. In this regard, the Court
observes that overcrowded conditions at a detention center may cause detrimental effects
on the whole prison population, including prisoners who, as in the case at hand, are held in
single cells. Such conditions can result in a reduction of out-of-cell activities, overburdened
health care services, hygienic problems and reduced accessibility to washroom and toilet
facilities.95 As a result of this overcrowding, Mr. Joseph on some occasions received only 15
minutes per day of exercise, and Mr. Huggins received no exercise time at all on some
occasions.96
94.
The Court considers that the combined conditions of detention, particularly the use of
a slop-bucket, the lack of adequate lightning and ventilation, and the fact that the alleged
victims had to stay in their jail cells for 23 hours of each day for more than four years, as
well as the overcrowded conditions, together amount to treatment contrary to the dignity of
every human being, and thus constitutes a violation of Articles 5(1) and 5(2) of the
American Convention, in conjunction with Article 1 of the same instrument, to the detriment
of Messrs. Boyce, Joseph, Atkins and Huggins.97
States of America: Country Reports on Human Rights Practices: Barbados 2001 (case file of appendices to the
application, volume IV, appendix C.4, folios 1542).
90
Cf. Affidavit of John Nurse, supra note 89, (folios 6554-6555); Testimony of John Nurse, supra note 88,
(transcription, pg. 43-44); Report to the National Commission on Law and Order, June 2004 (appointed by decision
made by the Cabinet of Ministers of Barbados on September 19, 2002), Chapter 7, pg. 123, available at
http://www.publicworks.gov.bb/Docs/lawprind.pdf (last visited on October 16, 2007), and press release, “Prison
Roll Jumps to 900”, October 10, 2002 (case file of appendices to the application, volume IV, appendix C.2, folios
1527-1528).
91
Cf. Affidavit of John Nurse, supra note 89, (folio 6555), and Report to the National Commission on Law
and Order, supra note 90.
92
Cf. Affidavits of Lennox Boyce, Jeffrey Joseph, Frederick Atkins and Michael Huggins on the conditions of
confinement, August 17, 2004 (case file of appendices to the application, volume IV, appendix D.2, folios
1566-1577); Affidavit of John Nurse, supra note 89, (folios 6554-6556), and Testimony of John Nurse, supra note
88, (transcription, pg. 48-49).
93
Cf. Affidavits of Lennox Boyce, Jeffrey Joseph, Frederick Atkins and Michael Huggins on the conditions of
confinement, supra note 92, and Affidavit of John Nurse, supra note 89, (folios 6555).
94
Cf. Affidavits of Lennox Boyce, Jeffrey Joseph, Frederick Atkins and Michael Huggins on the conditions of
confinement, supra note 92, and Affidavit of John Nurse, supra note 89, (folios 6556).
95
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 82, para. 90. See also
CPT/Inf (92) 3 [EN], 2nd General Report, 13 April 1992, para. 50.
96
Cf. Affidavit of Jeffrey Joseph, supra note 34, (folio 1570), and Affidavit of Michael Huggins, supra note
36, folio 1576).
97
Cf. Case of Neira Alegría et al., supra note 82, para. 60; Case of the Miguel Castro Castro Prison, supra
note 24, para. 315, and Case of Montero Aranguren et al. (Detention Center of Catia), supra note 82, para. 97.
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