40
129. Article 5(1) of the Convention embodies in general terms the right to personal
integrity of a physical, mental and moral nature; while Article 5(2) specifically establishes
certain guarantees that protect the right not to be subjected to torture or to cruel, inhuman
or degrading punishment or treatment, as well as the right of all persons deprived of their
liberty to be treated with respect for the inherent dignity of the human person.178 The Court
understands that any violation of Article 5(2) of the Convention necessarily leads to the
violation of its Article 5(1).
130. The Court has indicated that, pursuant to Article 5(1) and 5(2) of the Convention,
any person deprived of liberty has the right to live in detention conditions that are
compatible with his personal dignity, which must be ensured by the State, because the
State occupies the special position of guarantor with regard to such persons, since the
penitentiary authorities exercise total control over them.179 Likewise, the European Court of
Human Rights has indicated that:
Under [Article 3 of the European Convention] the State must ensure that a person is detained
in conditions which are compatible with respect for his human dignity, that the manner and
method of the execution of the measure do not subject him to distress or hardship of an
intensity exceeding the unavoidable level of suffering inherent in detention and that, given
the practical demands of imprisonment, his health and well-being are adequately secured by,
among other things, providing him with the requisite medical assistance.180
131. The Court has considered that detention in conditions of overcrowding, with lack of
ventilation and natural light, without a bed to rest on or adequate conditions of hygiene, in
isolation or with undue restrictions to the visiting regime, constitutes a violation of personal
integrity.181 The Committee against Torture has stated, in relation to detention conditions,
that:
Overcrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and
appropriate medical attention in particular, the inability of the authorities to guarantee the
protection of detainees in situations involving violence within prisons[, i]n addition to
contravening the United Nations Standard Minimum Rules for the Treatment of Prisoners,
178
The principles incorporated in Articles 5(1) and 5(2) of the Convention are also contained in Articles 7 and
10(1) of the International Covenant on Civil and Political Rights (hereinafter “the Covenant”), which establish,
respectively, that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment […],” and that “[a]ll persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.” The sixth and first principle, respectively, of the Body of Principles
for the Protection of All Persons under Any Form of Detention or Imprisonment establish the same precepts. In
addition, Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms
stipulates that “[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment.” Cf.
International Covenant on Civil and Political Rights, Art. 7 and 10(1); Body of Principles for the Protection of All
Persons under Any Form of Detention or Imprisonment, Principles 1 and 6; and European Convention for the
Protection of Human Rights and Fundamental Freedoms, art. 3.
179
Cf. Neira Alegría et al. v. Perú. Merits, supra note 158, para. 60; The Miguel Castro Castro Prison v. Perú,
supra note 39, para. 160, and Montero Aranguren et al. (Detention Center of Catia) v. Venezuela. Merits,
reparations and costs. Judgment of July 5, 2006. Series C No. 150, paras. 85 and 87
180
Eur. Court H.R., Kudla v. Poland, judgement of 26 October 2000, Reports of Judgments and Decisions
2000-XI, para. 94.
181
Cf. Loayza Tamayo v. Perú. Merits, supra note 44, para. 58; The Miguel Castro Castro Prison vs. Perú,
supra note 39, para. 315, and García Asto and Ramírez Rojas v. Perú, supra note 133, para. 221. See also
Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress on
Prevention of Crime and 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.
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