Article 1. Definition of Torture 49 to the victim’s stomach.127 In one prison, the Committee also considered certain punishments and other forms of ill-​treatment, such as handcuffing and shackling for days at a time, and putting inmates undressed in a freezing, air-​conditioned room for days at a time as torture.128 85  Under the inquiry procedure with respect to Turkey, the Committee found in 1992, that solitary confinement in so-​called ‘coffins’, ie inadequately ventilated cells of 60 by 80 centimetres, without light, where the detainee could only stand or crouch, constituted ‘a kind of torture’.129 Similarly, disciplinary confinement in punishment cells in Bolivia of the kind known as ‘el bote’ (meaning ‘the can’, being cold and damp cells measuring 2m by 1.5m, without any beds and sanitation) was, in the Committee’s view, tantamount to torture as well.130 86  In all of these cases, the Committee did not separately provide any analysis regarding the different elements being fulfilled, but since the Committee found torture, one may conclude that the treatments outlined were found to cause severe pain or suffering, with the other elements of torture in line with Article 1 being equally fulfilled. 87  The Committee also concluded, without any more detailed analysis, that ‘prolonged detention [3.5 months and 1 month], in a ‘temporary confinement ward’ without bedding or toiletry items, table, toilet, sink, showers seldom allowed and then only with cold water, no walks outside the cell, insects in the cell, light always being on, and no ventilation, as well as food once a day ‘do not appear to have caused “severe pain and suffering” within the meaning of article 1’.131 88  In the inquiry proceedings on Peru, the Committee found that the prison conditions in the El Callao naval base, where six prominent guerrilla leaders served sentences between thirty years and life imprisonment in complete solitary confinement, amounted to torture. The prisoners were kept for twenty-​three hours a day in isolation cells which were totally soundproofed against outside noise. For one hour a day they had the right to go outside, albeit alone, to a small yard surrounded by high walls. Once a month they were allowed visits by close family members for half an hour. In the view of the Committee, this sensorial deprivation and the almost total prohibition of communication caused ‘persistent and unjustified suffering which amounts to torture’.132 The conditions of detention at the maximum security prisons at Challapalca and Yanamayo, situated in the Andes of southern Peru at a height of more than 4,500 metres above sea level, with no electricity and drinking water and temperatures of minus 10° or 15° C without heating, on the other hand, were however qualified as ‘only’ amounting to cruel and inhuman treatment and punishment.133 Finally, in a number of places of detention under the authority of the Ministry of Interior, the Committee found that arrested persons may be 127   CAT, ‘Report on Mexico produced by the Committee under Article 20 of the Convention, and Reply from the Government of Mexico’ (2003) UN Doc CAT/​C/​75, paras 143–​44. 128   CAT/​C/​75 (n 127) paras 165, 218. 129   See the report in CAT, ‘Summary Account of the Results of the Proceedings Concerning the Inquiry on Turkey’ (1993) UN Doc A/​48/​44/​Add.1, para 52. 130   CAT, ‘Report of the Committee Against Torture’ (2001) UN Doc A/​56/​44, para 95 (g). See report of AI, ‘Bolivia. Torture and Ill-​Treatment: Amnesty International’s Concerns’ (2001) 25 <https://​www.amnesty. org/​en/​documents/​AMR18/​008/​2001/​en/​> accessed 3 Decemeber 2017. 131   Sergei Kirsanov v Russian Federation, No 478/​2011 (n 113) para 11.2. 132   A/​56/​44 (n 130) paras 185 and 186. 133   ibid, para 183. See also the HRC, which considered the detention conditions only as a violation of Art 10 CCPR: see Polay Campos v Peru, No 577/​1994, UN Doc CCPR/​C/​61/​D/​577/​1994, 6 November 1997, para 8.4. Zach

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