constitutional arrest warrant and order for his transfer to the Social
Rehabilitation Center for Men of Quito be issued.72
61.
The record shows that on April 16, 1993, the Chief of Rural Police
Command of Pichincha No.1 addressed a communication to the Eleventh
Criminal judge reporting that the doctor of the police unit had stated that “the
transfer of the detainee to the [h]ospital was not justified.” 73 In a report
issued on that date, the unit's doctor indicated that:
“the detainee h[ad] suffered an injury from a firearm projectile that, after
entering at the front thorax[,] was diverted toward the renal fossa without
causing complications. The detainee h[ad] received emergency care in the
hospital of the locality and, given that there were no complications, [was]
sent to […that unit]; [it was] the doctor’s opinion that the projectile should
remain where […] it was, given that a callous had formed around it and,
since no complications had resulted, surgery was not justified.”74
62.
Mr. Vera Vera remained in the Provisional Detention Center of Santo
Domingo until April 17, 1993, the date on which, allegedly, “the first signs of
complications from the injury appeared[, namely, a] moderate increase in
body temperature[ and] pain[.]”75 It should be mentioned that in a statement
rendered before the National Directorate of Investigations two years later,
(supra para. 55), the abovementioned doctor noted that “the medical services
of the unit did not have a laboratory nor X-rays, and therefore, they were
unable to detect the complications in time and [that,] for this reason, he
[was] transferred to the Hospital […] to be treated and monitored by
specialized doctors.”76
63.
Given the facts proven in this section, the Court notes that the
abovementioned Standard Minimum Rules of the United Nations for the
Treatment of Prisoners, apart from requiring that medical examinations be
carried out whenever necessary, (supra para. 50), it also notes, inter alia,
that:
[s]ick prisoners who require specialist treatment shall be transferred to
specialized institutions or to civil hospitals. Where hospital facilities are
provided in an institution, their equipment, furnishings and pharmaceutical
72
Cf. Indictment of the proceeding issued by the Eleventh Judge of the Criminal Court of
Pichincha within the criminal proceeding no. 189/93, of April 16, 1993 (case file of annexes to
the brief of pleadings and motions, annex 4, folios 547 to 550).
73
Official letter No. 93-426-SRP-1 of the Chief of the Rural Commander Pichincha No. 1
addressed to the Eleventh Judge of the Criminal Court of Pichincha, of April 16, 1993 (case file of
annexes to the brief of pleadings and motions, annex 12, folio 568).
74
Medical Report of Pedro Miguel Vera Vera, signed by Doctor Luis Fernando Lara Yáñez,
Chief of the Medical Unit of the Provisional Detention Center, of April 16, 1993, (case file of
annexes to the brief of pleadings and motions, annex 13, folio 570).
75
Statement by doctor Luis Fernando Lara Yáñez, Chief of the Medical Unit of the
Provisional Detention Center, rendered before the National Office of Investigations on November
15, 1995, (case file of annexes to the brief of pleadings and motions, annex 5, folio 553).
76
Statement by doctor Luis Fernando Lara Yáñez, Chief of the Medical Unit of the
Provisional Detention Center, rendered before the National Office of Investigations on November
15, 1995 (case file of annexes to the brief of pleadings and motions, annex 5, folio 553).
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