56
160) The representatives pointed out that, in accordance with the evidence
presented in the case, one can conclude that all the victims have been exposed to
terrible detention conditions over a substantial period of time. Moreover, given that
the evidence presented to the Court has not been contested by the State, the Tribunal
should accept it in full.
161) Based on the above, the representatives concluded that detention conditions in
Trinidad and Tobago are "completely unacceptable in a civilized society," and this is
sufficient to constitute a violation of Article 5(1) and 5(2) of the Convention.
162) The representatives agree with the arguments of the Commission with respect
to the specific violations committed to the detriment of Francis Mansingh, Haniff
Hilaire, and Krishendath Seepersad (supra paras. 157 and 158).
*
*
*
Assessment of the Court
163)
The relevant portions of Article 5 provide that
1.
Every person has the right to have his physical, mental, and
moral integrity respected.
2.
No one shall be subjected to torture or to cruel, inhuman, or
degrading punishment or treatment. All persons deprived of their
liberty shall be treated with respect for the inherent dignity of the
human person.
[…]
4.
Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons, and shall be subject to separate
treatment appropriate to their status as unconvicted persons.
[…]
6.
Punishments consisting of deprivation of liberty shall have as an
essential aim the reform and social readaptation of the prisoners.
164) The Court held in the Cantoral Benavides Case that, "holding a person
incommunicado, […] isolation in a small cell, without ventilation or natural light, […]
restriction of visiting rights […], constitute forms of cruel, inhuman and degrading
treatment as per Article 5(2) of the American Convention." 137
165) Likewise, the Inter-American Court has stated that any person deprived of his
liberty has the right to be treated with dignity and the State has the responsibility
137
I/A Court H.R., Cantoral Benavides Case, supra note 134, para. 89.