Death row phenomenon: • The “death row phenomenon” describes the combination of circumstances which a prisoner is exposed to after a prolonged period on death row. The detrimental conditions on death row are both physical (prisoners are confined in small cells for up to 23 hours a day with few activities) and psychological (mental deterioration resulting from waiting years for one’s own execution). • In Soering v United Kingdom151 the ECHR identified the ‘death row phenomenon’ as a form of treatment that can violate the prohibition on ill-treatment. • The notion of a “death row phenomenon” may conflict with established case law because prolonged judicial proceedings do not per se constitute cruel, inhuman or degrading treatment, even if they can be a source of mental strain for the convicted prisoners.152 • Further, Johnson v Jamaica153 held that, although the ICCPR does not prohibit the death penalty, the language of Article 6 suggests that States should be working towards reducing its use. Therefore, measures that may prolong a person’s time on death row should not be discouraged if ultimately this may lead to fewer prisoners being executed. However, the “death row phenomenon” may lead States to believe that they should carry out a capital sentence as expeditiously as possible after it is imposed so as to avoid violating the ICCPR. The HRC considered that this message should be avoided.154 • In Bailey v Jamaica the HRC confirmed that the period of time spent on death row does not per se constitute a violation of Article 7.155 Bearing in mind the fact that the prisoner had killed a police officer, the HRC held that there was no violation in the case of a death row inmate who spent 14 years on death row with a non-parole period of 20 years. This suggests that, had the prisoner been convicted of a lesser offence, the length of time spent on death row may have violated Article 7. 151 Soering v United Kingdom, judgement of the ECHR, 7 July 1989. Pratt and Morgan v Jamaica Communication Nos. 210/1986, 225/1987: Jamaica. 07/04/89. CCPR/C/35/D/225/1987 at [13.6]. 153 Johnson v Jamaica, Communication No. 588/1994: Jamaica. 05/08/96. CCPR/C/56/D/588/1996. 154 Johnson v Jamaica, Communication No. 588/1994: Jamaica. 05/08/96. CCPR/C/56/D/588/1996 at [8.3] to [8.5]. 152 98