A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
57
health of the victim (see Kafkaris v. Cyprus [GC], no. 21906/04, § 95,
ECHR 2008). The Court has considered treatment to be “inhuman” because,
inter alia, it was premeditated, was applied for hours at a stretch and caused
either actual bodily injury or intense physical or mental suffering. It has
deemed treatment to be “degrading” because it was such as to arouse in the
victims feelings of fear, anguish and inferiority capable of humiliating and
debasing them (see, among other authorities, Kudła v. Poland [GC],
no. 30210/96, § 92, ECHR 2000-XI). In considering whether a punishment
or treatment was “degrading” within the meaning of Article 3, the Court
will have regard to whether its object was to humiliate and debase the
person concerned and whether, as far as the consequences are concerned, it
adversely affected his or her personality in a manner incompatible with
Article 3. However, the absence of any such purpose cannot conclusively
rule out a finding of a violation of Article 3. In order for a punishment or
treatment associated with it to be “inhuman” or “degrading”, the suffering
or humiliation involved must go beyond that inevitable element of suffering
or humiliation connected with a given form of legitimate treatment or
punishment (see Ramirez Sanchez, cited above, §§ 118-19).
128. Where a person is deprived of his liberty, the State must ensure that
he is detained under conditions which are compatible with respect for his
human dignity and that the manner and method of the execution of the
measure do not subject him to distress or hardship exceeding the
unavoidable level of suffering inherent in detention (see Kudła, cited above,
§§ 92-94). Although Article 3 cannot be construed as laying down a general
obligation to release detainees on health grounds, it nonetheless imposes an
obligation on the State to protect the physical and mental well-being of
persons deprived of their liberty, for example by providing them with the
requisite medical assistance (see Hurtado v. Switzerland, 28 January 1994,
Series A no. 280-A, opinion of the Commission, § 79; Mouisel v. France,
no. 67263/01, § 40, ECHR 2002-IX; Aerts v. Belgium, 30 July 1998, § 66,
Reports 1998-V; and Keenan v. the United Kingdom, no. 27229/95, § 111,
ECHR 2001-III). When assessing conditions of detention, account has to be
taken of the cumulative effects of those conditions, as well as the specific
allegations made by the applicant (see Ramirez Sanchez, cited above,
§ 119). The imposition of an irreducible life sentence on an adult, without
any prospect of release, may raise an issue under Article 3, but where
national law affords the possibility of review of a life sentence with a view
to its commutation, remission, termination or the conditional release of the
prisoner, this will be sufficient (see Kafkaris, cited above, §§ 97-98).
(b) Application to the facts of the present case
129. The Court notes that three of the applicants were held for
approximately three years and three months while the others were held for
shorter periods. During a large part of that detention, the applicants could
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