exceptional instrument is the grave effects it has on the detained person.
Indeed, isolation from the outside world produces moral and psychological
suffering in any person, places him in a particularly vulnerable position, and
increases the risk of aggression and arbitrary acts in prisons.
The mere fact that the victim was for 36 days deprived of any communication
with the outside world, in particular with his family, allows the Court to
conclude that Mr. Suárez-Rosero was subjected to cruel, inhuman and
degrading treatment, all the more so since it has been proven that his
incommunicado detention was arbitrary and carried out in violation of
Ecuador's domestic laws. The victim told the Court of his suffering at being
unable to seek legal counsel or communicate with his family. He also testified
that during his isolation he was held in a damp underground cell measuring
approximately 15 square meters with 16 other prisoners, without the necessary
hygiene facilities, and that he was obliged to sleep on newspaper; he also
described the beatings and threats he received during his detention. For all
those reasons, the treatment to which Mr. Suárez-Rosero was subjected may
be described as cruel, inhuman and degrading.
--Suarez Rosero Case, I/A Court H.R., Judgment of 12 November 1997 (paras.
90-91).
*****
[P]rolonged isolation and deprivation of communication are in themselves
cruel and inhuman treatment, harmful to the psychological and moral integrity
of the person and a violation of the right of any detainee to respect for his
inherent dignity as a human being. Such treatment, therefore, violates Article
5 of the Convention….
--Velásquez Rodríguez Case, I/A Court H.R., Judgment of 28 July 1988 (para.
156).
38
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