2 6. Through communications dated May 14, 2009, the Commission requested both the State and the petitioners to provide updated information on the matter within one month. The State requested an extension, which was granted on July 7, 2009. On August 27, 2009, the Commission received the State’s response, which was sent to the petitioners on September 14 of that same year. III. POSITIONS OF THE PARTIES A. Position of the Petitioner 7. According to the statement in the petition, on February 7, 1989, Mr. José Luis Hernández was arrested in the vicinity of Monte Grande, Buenos Aires Province and transferred to the local jail, where that very day he was given a physical examination that showed he was lucid, fit, and autopsychically oriented, with no sign of intoxication or recent traumatic injury. 8. The petitioners state that on March 20, 1989, the Chief of Police of Buenos Aires Province requested the judge handling the case to authorize the transfer of Mr. Hernández in view of the large number of detainees housed in the Monte Grande Jail. On the 29th of that month, the judge issued a writ that he be transferred to Prison No. 1 of the Buenos Aires Penitentiary Service. The petitioners mention that the judicial writ was not obeyed and that Mr. Hernández continued to be detained in overcrowded conditions. 9. They add that on July 6, 1989, after the alleged victim had spent five months in jail, his mother reported that her son was suffering from influenza-like symptoms and an earache and that the he was not receiving the medical attention that he needed. She also reported the deplorable state of the jail and requested that her son be transferred to a place where he could be treated. That same day, the judge handling the case ordered that José Luis Hernández be given a medical examination, indicating that if an illness were detected, he receive appropriate care and treatment. The petitioners allege that notwithstanding, José Luis Hernández never received medical attention. 10. On January 16, 1990, the Chief of Police again requested that Mr. Hernández be transferred to a prison. On August 3, 1990, the alleged victim was transferred to Olmos Facility No. 1 of the Penitentiary Service of Buenos Aires Province. 11. The petitioners state that two days prior to the transfer, it was reported to the judge handling the case that Mr. Hernández was suffering from severe headaches, and requested to him that he be given a medical examination, and furthermore, that the health situation at the jail be investigated due to a possible outbreak of hepatitis. 12. On August 14 of that same year, the judge ordered that the alleged victim be given medical care, and on the 16th of that month, the warden of the prison reported that Mr. Hernández had been admitted to the San Juan de Dios Hospital with a diagnosis of “meningitis, of probable TB etiology.” In the next few days, he was transferred to the neuropsychiatric ward of the Alejandro Korn de Melchor Romero Hosptal, due to the lack of available beds for the specific treatment of acute meningitis. On September 18, Mr. Hernández returned to Prison No. 1. 13. They [the petitioners] state that on September 28, 1990, a ruling was handed down in the case against José Luis Hernández, for which he had been preventively detained. He was sentenced to 5 years in prison. 14. On October 2, 1990, the warden of the prison informed the judge that the Director of the San Juan de Dios Hospital had opposed the admission of Mr. Hernández. The petitioners add that, due to lack of proper treatment, the alleged victim had begun to show serious symptoms, which is why his extraordinary release was requested in several occasions so that he could receive the medical care that he needed, which had not been provided by the Penitentiary Service. The petitioners report that the request for release was denied.