rather a complication stemming from an injury he received. It noted that, in
any case, what is at hand is poor medical practices that could not have been
assumed by the State and that could have been challenged by Mr. Vera Vera's
next of kin, but this was not done in the case at hand.
B.
Considerations of the Court
38.
In order to examine the alleged international responsibility of the State
for the violation of the rights to personal integrity26 and life,27 in relation to
the obligations to respect and guarantee the rights28 of Mr. Pedro Miguel Vera
Vera, the Court will outline, in light of the body of evidence, the various
stages of detention and medical care he received. Given the diversity and
complexity of the facts argued in the present case, these will be specified in
the corresponding parts of this Chapter. Subsequently, the Court will analyze
the arguments of the parties and will determine whether the care provided
was inadequate in light of the standards derived from the Convention,
comprising possible violations to the rights to personal integrity and life of Mr.
Pedro Miguel Vera Vera.
B.1. Medical care as part of the right to life and personal
integrity of detainees and prisoners
39.
This Court has held that the right to life is fundamental in the
American Convention, because safeguarding it is crucial for the realization of
other rights.29 Due to this nature, States have the obligation to ensure the
creation of the conditions necessary so that this right may be fully enjoyed
and exercised.30
26
Article 5 of the Convention states, in pertinent part:
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or
treatment. All persons deprived of their liberty shall be treated with respect for the inherent
dignity of the human person.
27
Article 4(1) of the Convention states, “Every person has the right to have his life respected. This
right shall be protected by law and, in general, from the moment of conception. No one shall be
arbitrarily deprived of his life.”
28
Article 1(1) of the American Convention states: “The States Parties to this Convention
undertake to respect the rights and freedoms recognized herein and to ensure to all persons
subject to their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other social condition.
29
Cf. Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala. Merits.
Judgment of November 19, 1999. Series C No. 63, para. 144; Case of Zambrano Vélez et al. V.
Ecuador. Merits, Reparations and Costs. Judgment of July 4, 2007. Series C No. 166, para. 78,
and Case of Xákmok Kásek Indigenous Community. V. Paraguay, supra note 21, para. 186.
30
Cf. Case of the “Street Children” (Villagrán Morales et al.) V. Guatemala, supra note 29,
para. 144; Case of González et al. (“Cotton Fields”) V. México, supra note 21, para. 245, and
Case of Xákmok Kásek Indigenous Community. V. Paraguay, supra note 21, para. 187.
17