26
“one”. This was the man beating me. I did not know who he was. The man beating
me waited for my muscles to relax, brought the cat-o-nine down on by [sic] back again
and said “two”. Each time he waited for my muscles to become less tense before
hitting me. Each time he said out loud the number of lashes I had already received.
The pain was unbearable. All this time he was lashing me I was screaming in pain,
becoming hysterical, screaming that they were trying to kill me. I cannot remember
how many blows I received when I began to feel faint […] The beating nevertheless
continued and I passed out. When I awoke I was lying on a stretcher in the same
room. The Superintendent said that I was to be taken to the infirmary.
[…] I remained in the infirmary for 2 months after the beating. I was beaten on my
back and shoulders. My shoulders were bruised and I was in a lot of pain. I was weak.
[…] I received no medical treatment for the beating except painkillers. I was kept in
the infirmary because I was ill and weak from surgery and the authorities were afraid
something might happen to me.
[…] Up to the present time I continue to feel the blows and still suffer pain in my
shoulders.30
77.
The physical harm and pain caused by the flogging were exacerbated by the
anguish, stress and fear Mr. Caesar suffered during the period in which he awaited
his punishment. Moreover, on three or four separate occasions, he was exposed to
the suffering of other prisoners subjected to similar punishment. He stated:
I was trembling. I was taken downstairs to another cell block and put in a cell with four
other men. We were kept in the cell overnight. I was tense and frightened and did not
sleep that night. […] The officers [took one of the prisioners and] brought him back
about half an hour after. […] I became very frightened when I saw his condition. […] It
was mental torture waiting for my turn and I was shaking. […] I was subjected to the
same thing on 3 further occasions. On each of those occasions I was placed in a cell
downstairs with four other prisoners. On each occasion the other men were beaten and
I was not. It was a lot of torture for me. […] I watched some of them cry. […] I suffered
mental and emotional torture. I was very frightened each time. […]31
78.
Mr. Caesar was subjected to the threat of imminent physical abuse, which
could have been inflicted at any moment, and was deliberately forced to witness the
effects of such punishment upon the other prisoners, causing him severe anguish
and fear.
79.
Moreover, the Court shares the Commission’s view that the sentence was
carried out in a manner that severely humiliated Mr. Caesar. He was forced to lie
“spread-eagled and naked” on a metal contraption before at least six persons,
completely immobilized, while the strokes were delivered.
80.
In keeping with domestic regulations and practice,32 the prison doctor was
present before and during the alleged victim’s flogging to advise on the prisoner’s
physical condition, and to decide whether the punishment could be safely carried out.
The representatives alleged that, by authorizing the flogging despite his knowledge
of Mr. Caesar’s medical condition, the prison doctor acted in violation of his ethical
duty. The Commission argued that such circumstances raise serious questions as to
whether the medical personnel in the State’s prisons comply with international
standards governing the conduct of health personnel, in particular those set forth in
30
Affidavit of Winston Caesar, sworn on October 23, 2002 (Exhibits to the Application of the InterAmerican Commission, Exhibit 4).
31
Affidavit of Winston Caesar, supra note 30.
32
Cf. Trinidad and Tobago’s Prison Rules (West Indian Prisons Act of 1838 (q & 2 Vict. C67).