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.
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.
--Polay Campos v. Peru, Case No. 577/1994, Views adopted on 6 November
1997 (paras. 8.4, 8.6 and 8.7).
European Court of Human Rights
[The Court] reiterates that under Article 3 of the Convention the State must
ensure that a person is detained in conditions which are compatible with
respect for his human dignity, that the manner and method of the execution of
the measure do not subject him to distress or hardship of an intensity
exceeding the unavoidable level of suffering inherent in detention and that,
given the practical demands of imprisonment, his health and well-being are
adequately secured by, among other things, providing him with the requisite
medical assistance….
The Court notes also that complete sensory isolation, coupled with total social
isolation can destroy the personality and constitutes a form of inhuman
treatment which cannot be justified by the requirements of security or any
other reason….
--Ocalan v. Turkey, ECHR, 12 March 2003 (paras. 231- 232).
Inter-American System
One of the reasons that incommunicado detention is considered to be an
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