15
49(19).
Mr. Caesar did not receive timely treatment with respect to his
hemorrhoid condition. In 1992 a doctor recommended that he undergo
surgery for his hemorrhoids. The procedure was postponed at least twice
and, during the delay, his condition worsened. The surgery finally took place
at the end of January, 1997. At the present time he continues to suffer and
bleed heavily because of this condition.
49(20).
On December 27, 1997 Mr. Caesar was admitted to a hospital,
where he stayed for one day, and received a diagnosis of left-sided ureteric
colic, which is a condition causing acute and severe pain in the lower
abdomen.
49(21).
In 1998 a doctor advised Mr. Caesar that the cyst on his
testicles required surgery. However, he still has not received that operation.
49(22).
Mr. Caesar’s detention conditions are indicative of the general
conditions in Trinidad and Tobago’s prison system.
Regarding Mr. Caesar's Corporal Punishment
49(23).
Between April and June of 1996, Mr. Caesar was taken to the
Carrera Convict Prison.
49(24).
Prisoners who are sentenced to corporal punishment are usually
held beforehand in the Carrera Convict Prison, with the purpose of executing
the sentence. Corporal punishment is carried out in this prison only at
specified times during the year.
49(25).
Mr. Caesar was aware of the times designated for corporal
punishment, and his emotional state deteriorated as these times approached.
Between November of 1996 and the day the flogging was inflicted, Mr. Caesar
was taken on three or four separate occasions to another cell with other
prisoners where they were kept overnight. Each morning the other prisoners
were taken out, one by one, for their corporal punishment to be carried out.
On each occasion, Mr. Caesar observed that the prisoners returned severely
injured, but he was not flogged and rather was returned to his cell without
any explanation.
49(26).
On February 5, 1998, Mr. Caesar was subjected to 15 strokes of
the “cat-o-nine tails”, in accordance with his sentence.
49(27).
For the administration of the flogging, Mr. Caesar was required
to “lie spreadeagled and naked” and was strapped to a metal contraption,
known in prison as the “Merry Sandy”. His hands and feet were tied tightly to
the metal structure and his head was covered with a sheet. Once strapped to
the iron frame with his back exposed and his clothing removed, Mr. Caesar
was then flogged with the “cat-o-nine tails”.
49(28).
The punishment was carried out despite his physical condition
(supra para. 49(18)). There were at least six persons present in the room
where the punishment was carried out, including the Supervisor of Prisons
and the prison medic. Before the flogging, the doctor examined Mr. Caesar’s
blood pressure and other vital signs, and then gave his consent to continue.