13. All accommodation provided for the use of prisoners and in particular all sleeping arrangements shall meet all requirements of health, due regard being paid to climactic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation. 14. In all places where prisoners are required to live or work, (a) the windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation; (b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight. 15. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner. 18. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness. 23. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits. (2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise. To this end space, installations and equipment should be provided. 102. As the Inter-American Commission has observed in previous cases, these standards apply irrespective of the nature of the conduct for which the person in question has been imprisoned and regardless of the level of development of a particular State Party to the American Convention or Declaration.121 103. The Commission therefore concludes that the State of Trinidad and Tobago has failed to guarantee the internationally-mandated standards of proper treatment for prisoners. The cumulative impact of such conditions, together with the length of time for which the victims have been incarcerated, cannot be considered consistent with the basic requirements of humane treatment. 104. Based on the foregoing considerations, the Commission concludes that the deprivation of liberty on death row for more than 11 years under the conditions listed above constituted a violation to the detriment of Messrs. Dial and Dottin, to the right to humane treatment, and not to receive cruel, infamous or unusual punishment established in Articles 5.1 and 5.2 of the American Convention in relation to the obligations established in its Article 1.1, and Articles XXV and XXVI of the American Declaration. Further, the IACHR concludes that de denial of proper medical care constituted a violation of Article XI of the American Declaration to the detriment of Mr. Dial. V. CONCLUSIONS AND RECOMMENDATIONS 105. On the basis of determinations of fact and law, the Inter-American Commission concludes that the State is responsible for the violation of Articles 4.1, 4.2, 4.6, 5.1, 5.2, 7.5, 8.1, 8.2 and 25.1 of the American Convention, in relation with its obligations established in Articles 1.1 and 2, and Articles I (life), XI (health and wellbeing), XVIII (fair trial), XXV (protection from arbitrary arrest) and XXVI (due process of law) of the American Declaration. THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT TRINIDAD AND TOBAGO, 1. Grant Kevin Dial and Andrew Dottin effective relief, including the review of their trials and sentences in accordance with the guarantees of fair trial and due process set forth in Articles XVIII and XXVI of the American Declaration, and the payment of pecuniary compensation. 2. Review its laws, procedures, and practices to ensure that persons accused of capital crimes are tried within a reasonable time after their arrest and, if convicted, sentenced in accordance with the rights established See e.g. McKenzie et al. Case, supra, para. 288, citing Eur. Court H.R., Ahmed v. Austria, Judgment of 17 December 1996, Reports of Judgments and Decisions 1996-VI, p. 220, para. 38. 121 21

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