19
SOERING v. THE UNITED KINGDOM JUDGMENT
Regional Ombudsman, (2) formal or informal contact between inmates’
counsel and the prison staff, (3) complaint to the courts for breach of the
consent decree, and (4) the institution of legal proceedings under Federal or
State tort laws.
63. The size of a death row inmate’s cell is 3m by 2.2m. Prisoners have
an opportunity for approximately 7½ hours’ recreation per week in summer
and approximately 6 hours’ per week, weather permitting, in winter. The
death row area has two recreation yards, both of which are equipped with
basketball courts and one of which is equipped with weights and weight
benches. Inmates are also permitted to leave their cells on other occasions,
such as to receive visits, to visit the law library or to attend the prison
infirmary. In addition, death row inmates are given one hour out-of-cell
time in the morning in a common area. Each death row inmate is eligible for
work assignments, such as cleaning duties. When prisoners move around
the prison they are handcuffed, with special shackles around the waist.
When not in their cells, death row inmates are housed in a common area
called "the pod". The guards are not within this area and remain in a box
outside. In the event of disturbance or inter-inmate assault, the guards are
not allowed to intervene until instructed to do so by the ranking officer
present.
64.
The applicant adduced much evidence of extreme stress,
psychological deterioration and risk of homosexual abuse and physical
attack undergone by prisoners on death row, including Mecklenburg
Correctional Center. This evidence was strongly contested by the United
Kingdom Government on the basis of affidavits sworn by administrators
from the Virginia Department of Corrections.
65. Death row inmates receive the same medical service as inmates in
the general population. An infirmary equipped with adequate supplies,
equipment and staff provides for 24-hour in-patient care, and emergency
facilities are provided in each building. Mecklenburg also provides
psychological and psychiatric services to death row inmates. The United
States District Court (Eastern District of Virginia) has recently upheld the
adequacy of mental health treatment available to death row inmates in
Mecklenburg (Stamper et al. v. Blair et al., decision of 14 July 1988).
66.
Inmates are allowed non-contact visits in a visiting room on
Saturdays, Sundays and holidays between 8.30am and 3.30pm. Attorneys
have access to their clients during normal working hours on request as well
as during the scheduled visiting hours. Death row inmates who have a
record of good behaviour are eligible for contact visits with members of
their immediate family two days per week. Outgoing correspondence from
inmates is picked up daily and all incoming correspondence is delivered
each evening.
67.
As a security precaution, pursuant to rules applicable to all
institutions in Virginia, routine searches are conducted of the entire