24
interpreted in light of minimum international standards in this area.82 Pursuant to Article 5
of the Convention, all detained persons have the right to live in conditions compatible with
the inherent dignity of every human being.83 This entails a duty upon States to ensure that
the manner and method of any deprivation of liberty do not exceed the unavoidable level of
suffering inherent in detention, and that the detainees’ health and welfare are adequately
safeguarded.84 A failure to do so may result in a violation of the absolute prohibition of
cruel, inhuman or degrading punishment or treatment.85 In this regard, States may not
invoke economic hardships to justify imprisonment conditions that do not conform to the
very minimum international standards in this area and that fail to respect the inherent
dignity of human beings.86
89.
In light of the above, the Court will proceed to analyze the prison conditions in the
two detention centers where the alleged victims have been held, namely, Glendairy Prison
and Harrison’s Point Temporary Prison.
B.1)
Conditions of Detention at Glendairy Prison
90.
All four alleged victims were detained at Glendairy Prison from the moment of their
respective arrests or detentions87 until March 29, 2005, when the prison was destroyed in a
fire.88 Nevertheless, because Barbados recognized the compulsory jurisdiction of this
Tribunal on June 4, 2000, the Court will proceed to analyze their prison conditions at
Glendairy Prison during the four and a half years that fall within the Court’s jurisdiction
ratione temporis (supra, para. 30).
91.
Glendairy Prison was built in 1855 as Barbados’ sole adult prison to hold between
245 and 350 prisoners, both male and female.89 As of March 2005, the total population of
82
Cf. Case of Neira Alegría et al. V. Perú. Merits. Judgment of January 19, 1995. Series C No. 20, para. 60;
Case of Penal Miguel Castro Castro, supra note 24, para. 315, and Case of 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.
83
Cf. Case of Neira Alegría et al., supra note 82, para. 60; Case of Penal Miguel Castro Castro, supra note
24, para. 315, and Case of Montero Aranguren et al. (Detention Center of Catia), supra note 82, para. 85.
84
Cf. Case of the “Juvenile Reeducation Institute” V. Paraguay. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 2, 2004. Series C No. 112, para. 154; Case of Montero Aranguren et al.
(Detention Center of Catia), supra note 82, para. 86, and Case of López Álvarez V. Honduras. Merits, Reparations
and Costs. Judgment of February 1, 2006. Series C No. 141, para. 104. See also UN Standard Minimum Rules for
the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution
663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977, Rule 57.
85
Cf. Case of Cantoral Benavides V. Perú. Merits. Judgment of August 18, 2000. Series C No. 69, para. 95;
Case of Bueno Alves, supra note 80, para. 76, and Case of the Miguel Castro Castro Prison, supra note 24, para.
271.
86
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 82, para. 85. See also ECHR,
Case of I.I v Bulgaria. Judgment of 9 June 2005. Application No. 44082/98, para. 77; ECHR, Case of Poltoratskiy v.
Ukraine. Judgment of 29 April 2003. Application No. 38812/97, para. 148, and UNHRC, Womah Mukong v.
Cameroon, Communication No. 458/1991, U.N. Doc. CCPR/C/51/D/458/1991 (1994), para. 9.3.
87
Messrs. Boyce and Joseph were arrested on or about April 11, 1999 (case file of appendices to the
application, volume II, appendix B.1, folios 497-500); Mr. Atkins was arrested on October 16, 1998 (case file of
appendices to the application, volume III, appendix B.7, folios 1337), and Mr. Huggins was arrested on December
6, 1999 (case file of appendices to the application, volume III, appendix B.9, folios 1466-1467).
88
The fire is currently being investigated by the State. Cf. Affidavit of John Nurse, December 14, 2006 (case
file of appendices of the answer to the application, volume VII, appendix 172, folio 6562); Testimony of John
Nurse, public hearing at the Court held on July 11, 2007 (transcription, pg. 40), and Expert opinion of Prof. Andrew
Coyle, public hearing at the Court held on July 11, 2007 (transcription, pg. 55).
89
Cf. Affidavit of John Nurse, March 8, 2005 (case file of appendices to the answer to the application,
volume VII, appendix 171, folio 6555); Testimony of John Nurse, supra note 88, (transcription, pg. 43), and United
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