CAT/C/32/D/202/2002
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ensure that a person is detained in conditions which are compatible with respect for
her human dignity, that the manner and method of the execution of the measure do not
subject her to distress or hardship of an intensity exceeding the unavoidable level of
suffering inherent in detention and that, given the practical demands of imprisonment,
her health and well-being are adequately secured by, among other things, providing
her with the requisite medical assistance.” 13.
5.9 As to the claim that the District Court only had oral evidence before it when it
assessed the continuation of the complainant’s pre-trial detention in solitary
confinement on 26 May 1998, the complainant submits that the prison authorities
should ex officio have had the complainant examined by a doctor and then requested
the Prosecutor to have her removed from solitary confinement, upon learning that she
suffered serious psychological harm. In the complainant’s view, the State party’s
liability for the violation of articles 1 and 16 began on 15 May 1998 when the
Kalundborg Police did not act upon the prison physician’s report in which he
considered that: “The inmate exhibited clear signs of mental instability, which can be
explained freely on the basis of general knowledge on normal people’s reaction to
incarceration and solitary confinement. I assessed that there was a risk that this
condition might become worse and that it was important that the inmate’s situation
could be resolved as soon as possible.” On 22 May 1998, even though the emergency
service physician and crisis therapist described the complainant as “…strongly
mentally troubled by the solitary confinement” and “claustrophobic, near-psychotic
and deeply distressed”, respectively, the Kalundborg Police still ignored the fact that
the complainant was experiencing the harmful effects of her solitary confinement.
5.10 The complainant acknowledges that the nature of the overall criminal operation
was serious but emphasises that she was only a peripheral and minor player and thus
not likely to have extensive knowledge about the illegal operations, which were
organised by her former husband and his accomplices. Moreover, she cooperated with
the police and gave them the name of a suspect who the police failed to apprehend
13
She also refers to the case of Price v. United Kingdom, judgment of 10 July 2001 in which the Court
decided that “In considering whether treatment is “degrading”, within the meaning of Article 3, one of
the factors which the Court will take into account is the question of whether its object was to humiliate
and debase the person concerned, although the absence of any such purpose cannot conclusively rule
out a finding of violation of Article 3.