Service had been treating the problem in his left ear; this Service provide medical services to the
Center’s officials and their families and were also responsible for providing general medical care to
those detained in the Pre-Trial Detention Center in case of a health problem or emergency, in
addition to providing them with regular general medicine services.168 Despite following the
treatment indicated by the ear, nose and throat specialist, the problem and the consequent pain
and secretion had persisted. Consequently, the said specialist had indicated that an examination
and assessment was required by an external center specialized in this type of ear problem that had
the appropriate instruments to treat it.169 In this regard, Mr. Díaz Peña explained during the public
hearing that “regarding my health problems, they were problems that gradually increased; they
began with simple allergies owing to the conditions of the place – the dust gave me allergies; these
allergies worsened, they turned into colds, the colds got worse because they did not receive
adequate treatment, and these colds began to cause me hearing and respiratory problems; hence
towards the end of 2004, I told the DISIP officials that I had a problem with my ear.”170
102. The case file also contains a medical report dated April 20, 2007, prepared by surgeons
attached to the DISIP Medical Service, which records that, during the medical examination carried
out that same day, Mr. Díaz Peña had a perianal abscess, for which there was no treatment, apart
from an operation; he was therefore awaiting the approval of the court that was hearing the case
in order to undergo surgery.171 In this regard, Mr. Díaz Peña stated during the public hearing that
“the food was terrible; it caused me stomach problems so that I suffered from hemorrhoids and
then the perianal abscess.”172
103. The evidence reveals that, on repeated occasions, Mr. Díaz Peña, his representative, Alberto
Esteban Díaz Arvelo, Mr. Díaz Peña’s father, the prosecutor assigned to the case, and the State
Human Rights Agent before the International and Inter-American Systems asked the judge of the
case that medical examinations and assessments be carried out on Mr. Díaz Peña, and these were
eventually ordered. The evidence shows that on June 7,173 June 27174 and August 8, 2006,175 and
ear. Cf. Medical report signed by Dr. José Ramón Gutiérrez Longobardi dated February 25, 2011 (evidence file, tome VI,
folio 3302).
168
Cf. Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the public hearing
held on December 1, 2012, and Report of the Head of the Integral Custody Process of the General Directorate of
Intelligence and Prevention Services of April 20, 2007 (evidence file, tome XXV, folio 17162).
169
Brief filed on November 1, 2004, before the Twenty-eighth First Instance Trial Court of the Criminal Judicial Circuit
of the Caracas Metropolitan Area (evidence file, tome XI, folios 6029 to 6030).
170
Testimony given by Raúl José Díaz Peña by electronic audiovisual means before the Inter-American Court of
Human Rights during the public hearing held on December 1, 2011.
171
Cf. Report of the Head of the Pre-Trial Detention Process of the General Directorate of Intelligence and Prevention
Services of August 2, 2007, and Medical report signed by Dr. Elisaul Morales on April 20, 2007 (evidence file, tome XXV,
folios 17220 to 17224).
172
Testimony given by Raúl José Díaz Peña by electronic audiovisual means before the Inter-American Court of
Human Rights during the public hearing held on December 1, 2011.
173
Cf. Ruling of the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area
on June 7, 2006 (evidence file, tome XV, folio 9448), and Note No. 0449-06 of the Fourth First Instance Trial Court of the
Criminal Judicial Circuit of the Caracas Metropolitan Area of June 7, 2006 (evidence file, tome XV, folio 9449).
174
Cf. Note 0510-06 of the Fourth First Instance Trial Court of the Criminal Judicial Circuit of the Caracas Metropolitan
Area of June 27, 2006 (evidence file, tome XV, folio 9471). Before the judge of the case ordered this transfer, on June 20
2006, the prosecutor assigned to the case, sent a note to the Director of the Dr. Carlos Arvelo Military Hospital asking for
information in order to verify whether this health care center had the appropriate equipment for performing a CAT scan on
Raúl Díaz Peña. Cf. Note No DFGR-VFGR-DGAP-DPDF-16-PRO-421-7030-06 from the Office of the Prosecutor General of the
Republic of August 15, 2006 (evidence file, tome XXV, folio 17143). Subsequently, on June 25, 2006, Mr. Díaz Peña asked
the judge in charge of the case to ratify the request for a transfer, because the requested transfer had not been carried out.
Cf. Appearance of June 26, 2006 (evidence file, tome XV, folio 9470); Brief sent by the Director General of the General
Directorate of Intelligence and Prevention Services to the Fourth First Instance Trial Court of the Criminal Judicial Circuit of
35
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