30 very particular context of subordination between the detainee and the State, the latter has a special responsibility to ensure to those persons under its control conditions that permit them to retain a degree of dignity consistent with their inherent and non-derogable human rights.39 98. In the Case of Hilaire, Constantine and Benjamin et al., the Court found that the conditions of detention in several Trinidad and Tobago prisons were characterized by serious overcrowding, inadequate sanitation and poor hygiene and medical care. The Court concluded that the conditions in which the victims of that case were incarcerated were “in fact indicative of the general conditions in Trinidad and Tobago’s prison system”, compelling the victims “to live under circumstances that impinge on their physical and psychological integrity and therefore constitute cruel, inhuman and degrading treatment”.40 99. As set out in the proven facts of this judgment, during his detention Mr. Caesar has been held along with other prisoners in small and poorly ventilated cells, equipped with a slop pail instead of a toilet, and has been obliged to sleep on the floor. Since his incarceration, Mr. Caesar has also suffered from serious health problems. Although examined by medical personnel on several occasions, Mr. Caesar’s medical treatment has nonetheless been inadequate and his health conditions have deteriorated with the passage of time (supra paras. 49(16) and 49(18)). 100. The Court finds that the conditions of detention to which Mr. Caesar has been subjected have failed to respect his physical, mental, and moral integrity as required under Article 5(1) of the Convention, and constitute inhuman and degrading treatment contrary to Article 5(2) of the Convention, which enshrines provisions of jus cogens. Therefore, the Court holds that the State is also responsible for the violation of these provisions, in conjunction with Article 1(1) of the Convention, to the detriment of Mr. Winston Caesar. IX ARTICLES 8 AND 25 OF THE AMERICAN CONVENTION IN CONJUNCTION WITH ARTICLES 1(1) AND 2 OF THE CONVENTION (RIGHT TO A FAIR TRIAL AND JUDICIAL PROTECTION) Arguments of the Commission 101. The Inter-American Commision, with reference to Articles 8 and 25 of the American Convention, stated that: a) the State is responsible for violating Mr. Caesar’s right to be tried within a reasonable time, under Article 8.1 of the Convention, because of the delay in his criminal proceeding; b) Mr. Caesar suffered a total delay of 15 years between his initial arrest on November 11, 1983 and November 9, 1998, when the counsel informed Mr. 39 Cf. Case of Lori Berenson-Mejía, supra note 10, para. 102; Case of Tibi, supra note 16, para. 150; and Case of the “Juvenile Reeducation Institute”, supra note 37, para. 153. 40 Cf. Hilaire, Constantine, Benjamin et al. Case, supra note 7, paras. 169 and 170.