treatment contrary to article 7 and to treatment
incompatible with article 10, paragraph 1, since it
failed to respect Mr. Polay Campos' inherent and
individual human dignity.
Examination on the merits
8.1 The Human Rights Committee has examined
the present communication in the light of all the
information made available to it by the parties to the
case, as provided for in article 5, paragraph 1, of the
Optional Protocol.
Detention at Callao from 26 April 1993 to the
present
8.2 Two issues arise in the present case: first,
whether the conditions of detention of Mr. Polay
Campos, and the ill-treatment he allegedly has been
subjected to, amount to a violation of articles 7 and
10 of the Covenant, and, secondly, whether his trial
before a panel of anonymous judges (“faceless
judges”) constituted a violation of article 14,
paragraph 1, of the Covenant.
8.6 As to the detention of Victor Polay Campos at
Callao, it transpires from the file that he was denied
visits by family and relatives for one year following
his conviction, i.e. until 3 April 1994. Furthermore,
he was unable to receive and to send
correspondence. The latter information is
corroborated by a letter dated 14 September 1993
from the International Committee of the Red Cross
to the author, which indicates that letters from
Mr. Polay Campos' family could not be delivered by
Red Cross delegates during a visit to him on
22 July 1993, since delivery and exchange of
correspondence were still prohibited. In the
Committee’s opinion, this total isolation of
Mr. Polay Campos for a period of a year and the
restrictions placed on correspondence between him
and his family constitute inhuman treatment within
the meaning of article 7 and are inconsistent with the
standards of human treatment required under article
10, paragraph 1, of the Covenant.
8.3 As to the first issue, the Committee notes
that the State party did not provide any information
about Mr. Polay Campos' detention at the Castro
Castro prison in Yanamayo from 22 July 1992 to
26 April 1993 or on the circumstances of his
transfer to the Callao Naval Base, whereas it did
provide information on the victim’s conditions of
detention subsequent to his incarceration at Callao.
The Committee deems it appropriate to deal
separately with these two distinct periods of
detention.
Detention from 22 July 1992 to 26 April 1993 and
transfer from Yanamayo to Callao
8.7 As to Mr. Polay Campos' general conditions
of detention at Callao, the Committee has noted the
State party’s detailed information about the medical
treatment Mr. Polay Campos has received and
continues to receive, as well as his entitlements to
recreation and sanitation, personal hygiene, access to
reading material and ability to correspond with
relatives. No information has been provided by the
State party on the claim that Mr. Polay Campos
continues to be kept in solitary confinement in a cell
measuring two metres by two, and that apart from
his daily recreation, he cannot see the light of day for
more than 10 minutes a day. The Committee
expresses serious concern over the latter aspects of
Mr. Polay Campos' detention. The Committee finds
that the conditions of Mr. Polay Campos' detention,
especially his isolation for 23 hours a day in a small
cell and the fact that he cannot have more than
10 minutes' sunlight a day, constitute treatment
contrary to article 7 and article 10, paragraph 1, of
the Covenant.
8.4 The author claims that Victor Polay Campos
was detained incommunicado from the time of his
arrival at the prison in Yanamayo until his transfer to
the Callao Naval Base detention centre. The State
party has not refuted this allegation; nor has it denied
that Mr. Polay Campos was not allowed to speak or
to write to anyone during that time, which also
implies that he would have been unable to talk to a
legal representative, or that he was kept in his unlit
cell for 23 and a half hours a day in freezing
temperatures. In the Committee’s opinion, these
conditions amounted to a violation of article 10,
paragraph 1, of the Covenant.
8.5 The author contends that her husband was
beaten and subjected to electric shocks during his
transfer to the Callao Naval Base facility, and that
he was displayed to the media in a cage on that
occasion. Although this allegation was not
addressed by the State party, the Committee
considers that the author did not adequately
substantiate her allegation concerning the beating
and the administration of electric shocks during the
transfer to Callao. It accordingly makes no finding
on articles 7 and 10, paragraph 1, of the Covenant
on this count. On the other hand, it is beyond
dispute that during his transfer to Callao Mr. Polay
Campos was displayed to the press in a cage: this,
in the Committee’s opinion, amounted to degrading
The trial of Mr. Polay Campos
8.8 As to Mr. Polay Campos' trial and conviction
on 3 April 1993 by a special tribunal of “faceless
judges”, no information was made available by the
State party, in spite of the Committee’s request to
this effect in the admissibility decision of
15 March 1996. As indicated by the Committee in its
preliminary comments of 25 July 1996 on the Third
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