the death penalty was considered desirable.12 He further refers to Protocol 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and to the Second Optional Protocol to the International Covenant on Civil and Political Rights: "[O]ver the last fifty years there has been a progressive and increasingly rapid evolution away from the death penalty. That evolution has led almost all Western democracies to abandon it". He argues that this development should be taken into account when interpreting the Covenant. movement. Exercise is virtually impossible. When a condemned inmate approaches within three days of an execution date, he is placed under 24-hour guard in a range of three stripped cells. This can occur numerous times during the review and appeal process ... Opportunity for exercise is very limited in a small and crowded yard. Tension is consistently high and can escalate as execution dates approach. Secondary tension and anguish is experienced by some as appeal and execution dates approach for others. There is little opportunity to relieve tension. Programmes are extremely limited. There are no educational programmes. The prison does little more than warehouse the condemned for years pending execution ... Death row inmates have few visitors and few financial resources, increasing their sense of isolation and hopelessness. Suicides occur and are attributable to the conditions, lack of programmes, extremely inadequate psychiatric and physiological care and the tension, apprehension, depression and despair which permeate death row." 11.10 As to the method of execution in California, cyanide gas asphyxiation, counsel argues that it constitutes inhuman and degrading punishment within the meaning of article 7 of the Covenant. He notes that asphyxiation may take up to 12 minutes, during which condemned persons remain conscious, experience obvious pain and agony, drool and convulse and often soil themselves (reference is made to the execution of Robert F. Harris at San Quentin Prison in April 1992). Counsel further argues that, given the cruel character of this method of execution, a decision of Canada not to extradite without assurances would not constitute a breach of its Treaty obligations with the United States or undue interference with the latter's internal law and practices. Furthermore, counsel notes that cyanide gas execution is the sole method of execution in only three States in the United States (Arizona, Maryland and California), and that there is no evidence to suggest that it is an approved means of carrying out judicially mandated executions elsewhere in the international community. 11.12 Finally, the author describes the circumstances of his present custodial regime at Folsom Prison, California, conditions which he submits would be similar if convicted. He submits that whereas the other detainees, all convicted criminals, have a proven track record of prison violence and gang affiliation, he, as a pre-trial detainee, is subjected to far more severe custodial restraints than any of them. Thus, when moving around in the prison, he is always put in full shackles (hand, waist and legs), is forced to keep leg irons on when showering, is not allowed any social interaction with the other detainees; is given less than five hours per week of yard exercise; and is continuously facing hostility from the prison staff, in spite of good behaviour. Mr. Ng adds that unusual and very onerous conditions have been imposed on visits from his lawyers and others working on his case; direct face-to-face conversations with investigators have been made impossible, and conversations with them, conducted over the telephone or through a glass window, may be overheard by prison staff. These restrictions are said to seriously undermine the preparation of his trial defence. Moreover, his appearances in Calaveras County Court are accompanied by exceptional security measures. For example, during every court recess, the author is taken from the courtroom to an adjacent jury room and placed, still shackled, into a three foot by four foot cage, specially built for the case. The author contends that no pre-trial detainee has ever been subjected to such drastic security measures in California. 11.11 As to the death row phenomenon, the author emphasizes that he intends to make full use of all avenues of appeal and review in the United States, and that his intention was clear to the Canadian authorities during the extradition proceedings. As to the delay in criminal proceedings in California, counsel refers to estimates that it would require the Supreme Court of California 16 years to clear the present backlog in hearing capital appeals. The author reiterates that the judgements of the Supreme Court in Canada did not in any detail discuss evidence pertaining to capital procedures in California, conditions on death row at San Quentin Prison or execution by cyanide gas, although he presented evidence relating to these issues to the Court. He refers to his factum to the Supreme Court, in which it was stated: "At present, there are approximately 280 inmates on death row at San Quentin. The cells in which inmates are housed afford little room for 11.13 The author concludes that the conditions of confinement have taken a heavy toll on him, physically and mentally. He has lost much weight and suffers from sleeplessness, anxiety and other nervous disorders. This situation, he emphasizes, has 12 General Assembly resolutions 2857 (XXVI) of 20 December 1971, 32/61 of 8 December 1977 and 37/192 of 18 December 1982. 102