punishment is the ‘weakest’ level of violation of
article 7, in which the severity of suffering is less
important than the level of humiliation or
debasement to the victim.30
High Commissioner for Refugees, the possibilities of
which were well advertised. The author was at all
times treated humanely at the MIDC, and his
physical and mental integrity and well-being were
afforded particularly high priority, over and above
the level of ordinary care, by MIDC staff. For
example, following his complaints about noise
levels, MIDC staff reduced the volume level on the
announcement system and reduced the number of
times the system was used during the day. Further,
when he complained of being unable to sleep
because of noise in the dormitory area, alternative
sleeping arrangements were offered to him.
Similarly, prior to his actual release into family care,
MIDC staff arranged for him to be taken out to his
family on a fortnightly basis so that he could have a
meal with them and get a break from the routine of
the IDC. Eventually, on 10 August 1994, the author
was released on an ongoing basis into the care of his
family when it became apparent that his
psychological state warranted this measure. Further,
at all times he was provided with adequate and
professional medical attention.
4.7 Accordingly, it is clear that while particularly
harsh conditions of detention may constitute a
violation of article 7 (whether the suffering is
physical or psychological), detention, in and of itself,
is not a violation of article 7. In Vuolanne v.
Finland, the Committee expressed the view that “for
punishment to be degrading, the humiliation or
debasement must exceed a particular level and must,
in any event, entail other elements beyond the mere
fact of deprivation of liberty”.31 Similarly, the
Committee has consistently expressed the view that,
even prolonged periods of detention on “death row”
do not violate article 7.32 For detention to violate
article 7 there must be some element of
reprehensibleness in the treatment of detainees.
4.8 Assessing the general conditions of
immigration detention in the light of these standards,
the State party emphasizes that to ensure the wellbeing of all persons in immigration detention, it has
instituted Immigration Detention Standards that
govern the living conditions of detainees within its
detention facilities and specify the distinctive nature
of services that are required in an immigration
detention environment. These standards address
protection of the privacy of detainees; health care
and safety; spiritual, social, educational and
recreational activities; interpreters; and training of
detention centre staff in cultural diversity and the
like. The State party submits that conditions at the
MIDC are humane and such as to ensure the comfort
of residents while they are awaiting the outcome of
their visa applications.
4.10 Turning to the development of the author’s
paranoid schizophrenia, the State party contends that
there is a convincing body of literature indicating
that a predisposition for schizophrenia is genetically
determined.33 Thus, while it is deeply unfortunate
that the author’s schizophrenic symptoms developed
while in detention, he is likely to have been
predisposed to develop the condition, and the
development of this condition does not necessarily
reflect the conditions under which he was detained.
While acknowledging that any deprivation of liberty
may cause some psychological stress, such
emotional stress does not amount to cruel, inhuman
or degrading treatment (and certainly does not
constitute a punishment). In any case, medical
evidence indicates that the development of
schizophrenia is not linked to the experience of a
“gross stressor”.
4.9 Turning to the author’s particular situation, at
no time during his detention did he make a
complaint
to
DIMA,
the
Commonwealth
Ombudsman, the Human Rights and Equal
Opportunity Commission or the United Nations
Uruguay, No. 33/1978; Massiotti v. Uruguay, No.
25/1978; Bequio v. Uruguay, No. 88/1981; Cariboni v.
Uruguay, No. 159/1983; and Portorreal v. Dominican
Republic, No. 188/1984.
33
Davidson, G.C. and Neale, J.M. (1994), Abnormal
Psychology (6th ed.), John Wiliey & Sons, Brisbane;
Gottesman, I.I., McGuffin, P. and Farmer, A.E. (1987),
Clinical genetics as “clues” to the real genetics of
schizophrenia, Schizophrenia Bulletin, 13, 23-47;
Dworking, R.H., Lenzenwenger, M.F. and Moldin, S.O.
(1987), Genetics and the phenomenology of
schizophrenia. In P.D. Harvey and E.F. Walker (Eds.),
Positive and negative symptoms of psychosis, Elrbaum,
Hillsdale, NJ; Gottesman, I.I. and Shields, J. (1972),
Schizophrenia and genetics: A twin study vantage point,
Academic Press, New York; Rosenthal, D. (1970),
Genetic theory and abnormal behaviour, McGraw-Hill,
New York; and Fischer, M. (1971), Psychosis in the offspring of schizophrenic monozygotic twins and their
normal co-twins, British Journal of Psychiatry, 118, 43-52.
30
Such acts include arbitrary detention practices aimed
at humiliating prisoners and making them feel insecure
(for example, repeated solitary confinement, submission to
cold and persistent relocation to a new cell): Conteris v.
Uruguay, No. 139/1983, and women prisoners hanging
naked from handcuffs: Isoriano de Bouton v. Uruguay
No. 37/1978 and Arzuaga Gilbao v. Uruguay
No. 147/1983.
31
Op. cit., at 9.2.
32
Graham v. Jamaica, No. 461/1991; Kindler v.
Canada, No. 470/1991; Johnson v. Jamaica,
No. 588/1994; Chaplin v. Jamaica, No. 596/1994.
147
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