17
Torture, the Human Rights Committee, the European Court on Human Rights,
the European Commission on Torture and Inhuman or Degrading Treatments
or Punishment Prevention;
d) the use of the “cat-o-nine tails” seeks and achieves the effect of causing
serious physical, mental and psychological suffering, as well as physical
damage to the alleged victim’s body;
e) the waiting period for the implementation of the corporal punishment can
cause serious anguish, stress and mental suffering, including the loss of
intestine and bladder control;
Regarding Mr. Caesar’s corporal punishment
f)
g)
h)
i)
j)
k)
l)
m)
by imposing upon Mr. Caesar a sentence of 15 strokes with the “cat-o-nine
tails”, the State violated his right to physical, mental and moral integrity
under Article 5.1 of the Convention, and his right not to be subjected to
torture or other cruel, inhuman or degrading treatment or punishment under
article 5.2 of the Convention;
the lapse of time in which Mr. Caesar was waiting for the punishment caused
him great anguish, stress and fear, as he was exposed to the suffering of
other inmates subjected to corporal punishment on four separate occasions,
without knowing whether the punishment might also be inflicted upon him;
the State flagrantly violated its own law in executing Mr. Caesar’s punishment
23 months –and not 6 months as provided by law– after sentencing;
the suffering caused to Mr. Caesar by the punishment imposed was
aggravated by his age (49 years); by his vulnerable physical condition; by the
treatment he was subjected to before and after the flogging; and by the
manner in which the corporal punishment was carried out;
as recognized under international standards governing detainees and
prisoners (such as Principles 2 and 4(b) of the United Nations’ Principles of
Medical Ethics), the availability of competent medical officers to supervise and
treat prisoners is fundamental to the humane treatment of detainees. The
doctor present at the punishment authorized its infliction, notwithstanding his
knowledge of Mr. Caesar’s precarious medical condition, due to the surgery
carried out some weeks before. These circumstances raise serious questions
regarding whether health personnel in the prison have complied with
international law;
the fact that the treatment given to Mr. Caesar was imposed as a form of
criminal sanction does not affect the State’s obligation to comply with the
requirements of articles 5.1 and 5.2 of the Convention, as the prohibition of
torture and other cruel, inhuman or degrading punishment or treatment is
absolute;
in mantaining a law that permits the infliction of corporal punishment by
flogging with the “cat-o–nine tails”, the State failed to meet the general
obligation to give internal legal effect to the rights under Article 5 of the
Convention, as imposed by Article 2;
the punishment of flogging with the “cat-o–nine tails” is, by its very nature,
intention and effects, inconsistent with the standards of humane treatment
provided by Article 5.1 and 5.2 of the Convention and, for that reason, the
State has the obligation under Article 2 of the Convention to abrogate such a
law;
Regarding Mr. Caesar’s detention conditions