27
the United Nations’ Principles of Medical Ethics Relevant to the Role of Health
Personnel in the Protection of Prisoners and Detainees against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment.33
81.
As noted above, the Court does not assess individual responsibilites; its
function is rather to protect the victims, determine when their rights have been
violated and order reparation for the damage caused by the State responsible for
such acts.34
82.
The Commission also argued that the evidence presented confirms that the
suffering experienced by Mr. Caesar was also exacerbated by his own vulnerable
medical condition, specifically owing to his surgery for hemorrhoids only weeks
before the flogging. The alleged victim himself affirmed this situation in his affidavit.
However, the representatives stated during the public hearing that the date alleged
as the day of the surgery may have been incorrect.
83.
It was proven that the alleged victim developed hemorrhoids during his
detention and, as a result, underwent surgery in January 1997 (supra para. 49(19)).
Since there is no showing that the abovementioned surgery occurred a few weeks
before the flogging, there are no grounds for finding aggravating circumstances in
this context.
84.
It is established that, after the flogging, the only medical treatment provided
by the State consisted of painkillers, notwithstanding the fact that he had been
injured and that his medical condition was already precarious. This conclusion is
supported by Robert Ferris’ statement that he found no medical records of any kind
relating to the corporal punishment, its effects on Mr. Caesar or any treatment
provided (supra para. 49(29)).
85.
The Commission further argued that, since the punishment was carried out 23
months after the alleged victim’s sentencing, it was in flagrant violation of the
State’s own domestic law, as well as contrary to Article 5(1) and 5(2) of the
Convention.
86.
The Court notes that Section 6 of the Corporal Punishment Act of Trinidad and
Tobago requires a sentence of corporal punishment to be carried out within six
months from the date of sentencing. As shown above, the 1994 amendment to the
Corporal Punishment Act provided that any period of appeal would not count in
reckoning the statutory limit of six months (supra para. 49(9)). This amendment,
however, was not applicable to Mr. Caesar’s situation, since he was sentenced prior
to its entry into force. In any event, the flogging was performed some five years and
seven months outside the statutory limit, so that it can be reasonably assumed that
the delay both augmented and extended his mental anguish.35
33
United Nations’ Principles of Medical Ethics relevant to the Role of Health Personnel, particularly
Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, G.A. Res. 37/194, annex, 37 U.N. GAOR Sup. (No. 51) at 211, U.N.
Doc. A/37/51 (1982).
34
Cf. Castillo-Petruzzi et al. Case. Judgment of May 30, 1999. Series C No. 52, para. 90; The
"Panel Blanca" Case (Paniagua Morales et al.). Judgment of March 8, 1998. Series C No. 37, para. 71; and
Suárez-Rosero Case. Judgment of November 12, 1997. Series C No. 35, para. 37.
35
In Tyrer v. United Kingdom (supra note 21), the European Court pointed out that “admittedly, the
relevant legislation provides that in any event birching shall not take place later than six months after the