18 n) the State is responsible for other violations of the right to humane treatment under Articles 5.1 and 5.2 of the Convention due to the conditions in which Mr. Caesar was detained; o) in the present case the State failed to meet domestic and international standards on conditions of detention: between January 1991 and November 1999, Mr. Caesar was subjected to the following conditions: an overcrowded cell, poor sanitation, little light and ventilation, as well as inadequate medical treatment, all of which violated his right have his physical, mental and moral integrity respected and constitutes a cruel, inhuman or degrading punishment or treatment; p) Mr. Caesar has suffered from serious health problems, which have included contracting tuberculosis and chronic hemorrhoids. Although he has been examined by a doctor on several occasions, his medical treatment has been inadequate or unresponsive and his medical condition has deteriorated with the passage of time; and q) the impact of these conditions has been exacerbated by his health problems and by the prolonged periods of time for which Mr. Caesar has been incarcerated. Arguments of the representatives 51. The representatives, with respect to Article 5 of the American Convention, stated that: any sentence of whipping or flogging is cruel, inhuman and degrading. Moreover, the principle of humanity requires the prohibition of all corporal punishment; b) the term “torture” applies to the aggravated mistreatment of persons. Torture might be expected to leave long-term effects, either by way of post-traumatic stress, or serious injury, but it need not to do so. Torture is often associated with actions that subject the alleged victim to sustained and unpredictable cruelty over which there is no legal restraint. Furthermore, punishment duly prescribed by law is capable of amounting to torture. Finally, cruel, inhuman or degrading punishment inevitably causes problems that cannot be remedied; a) Regarding Mr. Caesar's Corporal Punishment the sentence of corporal punishment and the manner in which it was carried out violate Articles 5.1 and 5.2 of the Convention; d) the time limit established by the Corporal Punishment Act for carrying out the flogging is absolute and cannot be extended because of the prisoner’s illhealth; e) the execution of the judgment that ordered corporal punishment or treatment is cruel, inhuman and degrading itself, even without the aggravating factors that Mr. Caesar suffered. Moreover, the corporal punishment was carried out 23 months after his sentencing and was therefore in flagrant violation of the State’s own law; c)

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