torture.326 Article 10(1) of the ICCPR requires that ‘all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person’. The obligation to treat persons deprived of their liberty with dignity and humanity is a fundamental and universally applicable rule, and is not dependent on the material resources available to the State party. 327 30. In assessing detention conditions the following factors are relevant:            The space at the disposal of detainees, including their sleeping accommodation which should ‘meet all requirements of health, due regard being paid to climatic conditions and particular to cubic content of air, minimum floor space, lighting, heating and ventilation’.328 The supply of water and other articles needed for personal hygiene, 329 including soap, toothpaste, toilet paper.330 Sanitation ‘shall be adequate to enable every prisoner to comply with the ends of nature when necessary in a clean and decent manner’.331 The provision of adequate clothing and bedding;332 The quantity and quality of food and drinking water. This should be ‘of nutritional value adequate for health and strength, of wholesome quality and well prepared and served’.333 Serving rotten food will violate these provisions.334 Recreational facilities. This should include ‘at least one hour of suitable exercise in the open air daily if the weather permits’.335 Admission of visitors. Provision of medical assistance. heating, lighting and ventilation: ‘windows shall be large enough to enable prisoners to read or work by natural light, and shall… allow the entrance of fresh air whether or not there is artificial ventilation’.336 The disciplinary regime; The effective and reliable complaints system which is recognised in domestic law;337 and The behaviour of prison personnel.338 326 Human Rights Committee, Communication 253/1987, Kelly v Jamaica, 8 April 1991; Communication 410/1990, Párkányi v Hungary, 27 July 1992. 327 Human Rights General Comment No.21, HRI/GEN/1/Rev.6 at 153 (2003), para 3. 328 Standard Minimum Rules for the Treatment of Prisoners, Rule 10. 329 Ibid, Rule 15. 330 Communication 731/1996, M. Robinson v. Jamaica 13 April 2000, paras. 10.1-10.2 331 Standard Minimum Rules for the Treatment of Prisoners, Rule 12. 332 Standard Minimum Rules for the Treatment of Prisoners, Rule 17 and Rule 19. Communication 533/1993, H. Elahie v. Trinidad and Tobago 28 July 1997, para. 8.3. 333 Standard Minimum Rules for the Treatment of Prisoners, Rule 20. 334 African Commission, Communications Nos. 64/92, 68/92 and 78/92, Krishna Achuthan and Amnesty International (on behalf of Aleke Banda and Orton and Vera Chirwa) v. Malawi, 27 April 1994, para. 34. 335 Standard Minimum Rules for the Treatment of Prisoners, Rule 21. 336 Ibid, Rule 11(a). 337 Human Rights Committee General Comment No.20, 44th Session (1992), para 14. CAT, UN doc. GAOR, A/55/44, p. 22. 338 See UN Standard Minimum Rules for the Treatment of Prisoners. 70

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