result in a violation of the absolute prohibition to inflict cruel, inhuman or degrading
treatment. 72
85.
Furthermore, the Court has considered that detention in overcrowded conditions,
with lack of ventilation and natural light, without a bed to rest on, or adequate hygiene
conditions, in isolation or solitary confinement, or with undue restrictions on visits
constitutes a violation of personal integrity.73 In this regard, the United Nations Standard
Minimum Rules for the Treatment of Prisoners establish basic criteria for interpreting the
content of the right of those deprived of liberty to decent and humane treatment.74 These
rules include the strict prohibition of corporal punishment and confinement in dark cells, as
well as the basic norms regarding accommodation and hygiene.75
86.
In the circumstances of this case, Mr. Fleury was detained in an overcrowded cell
with no ventilation, without adequate sanitary facilities and conditions of hygiene, and
without access to food and drinking water (supra para. 35). Irrespective of the duration of
the detention, any person in that situation must be treated with due respect for their
dignity.
87.
This Court finds that the detention conditions endured by Mr. Fleury did not meet the
minimum standards of detention required by the international instruments, so that the State
is responsible for the violation of Article 5(1) and 5(2) of the Convention, in relation to
Article 1(1) thereof.
3. The alleged violation of the right to personal integrity to the detriment of
Mr. Fleury’s family
88.
The Court observes that Mr. Fleury’s family were affected by his condition in several
ways: (a) his wife and eldest daughter witnessed his arrest and his ill-treatment, a situation
which caused anguish and significant moral and mental suffering; (b) Mrs. Fleury saw her
husband’s condition on leaving the police station where he had been tortured; (c) Mrs.
Fleury and her children experienced extreme moral suffering upon being separated from
their husband and father during the years in which he remained in hiding for fear of
reprisals; (d) Mr. Fleury’s immediate family endured anxiety and anguish for years because
they felt that were being watched by unknown individuals who were looking for him, and (e)
Mr. Fleury’s wife and children had to emigrate from Haiti to be reunited with him, which
72
Cf. Case of Cantoral Benavides, supra note 27, para. 95; Case of Boyce et al., supra note 208, para. 88, and
Case of Bueno Alves, supra note 157, paras. 75 and 76. In this regard, the Committee against Torture has stated
that “[o]vercrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and of appropriate
medical attention in particular, [… i]n addition to contravening the United Nations Standard Minimum Rules for the
Treatment of Prisoners, these and other serious inadequacies aggravate the deprivation of liberty of prisoners
serving sentences and those awaiting trial, making of such deprivation cruel, inhuman and degrading punishment
and, in the case of the latter, punishment served in advance of sentence.” United Nations, Report of the Committee
against Torture, twenty-fifth session (13 to 24 November 2000) / twenty-sixth session (30 April to 18 May 2001),
A/56/44, 10 May 2001, para. 95(f).
73
Cf. Case of Loayza Tamayo v. Peru, supra note 23, para. 58, and Case of Yvon Neptune v. Haiti, supra
note 7, para. 131. See also Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United
Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955, and
approved by the Economic and Social Council in its resolutions 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13
May 1977, Rules 10 and 11.
74
Cf. Case of Raxcacó Reyes v. Guatemala. Merits, reparations and costs. Judgment of September 15, 2005.
Series C No. 133, para. 99 and Case of Vera Vera v. Ecuador, supra note 69, para. 50.
75
Cf. United Nations, Standard Minimum Rules for the Treatment of Prisoners, Rules 9 to 15.
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