THE RIGHT TO HEALTH IN PRISON: RESULTS OF A NATIONWIDE SURVEY AND REPORT (v) Conditions of Confinement 4.101 In places of enforced confinement such as prison, access to basic necessities and a clean and healthy environment are of primary importance for ensuring that the prisoners remain healthy. 4.102 Article 10 of the ICCPR provides the overarching principle of respect for the dignity and fundamental human rights of all detained or imprisoned individuals: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” 4.103 The Commission observed that the prisons department follow strictly the provision in paragraph 2(a) of Article 10, i.e. “accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons.” 4.104 With regard to the conditions of confinement, the UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment151 states the following in Principle 6: “No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment*. No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.” 4.105 Principle 6 explains further that the term “cruel, inhuman or degrading treatment or punishment” should be interpreted so as to extend the widest possible protection against abuses, whether physical or mental, including the holding of a detained or imprisoned person in conditions which deprive him, temporarily or permanently, of the use of any of his natural senses, such as sight or hearing, or of his awareness of place and the passing of time.152 151 152 http://www.un.org/documents/ga/res/43/a43r173.htm accessed on 3/3/16 http://www.un.org/documents/ga/res/43/a43r173.htm accessed on 3/3/16 88

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