67
treatment of inmates.249 Moreover, lack of adequate medical assistance could be
considered per se a violation of Articles 5(1) and 5(2) of the Convention depending on
the specific circumstances of the person, the type of ailment, the time spent without
medical attention and its cumulative effects.250
221. In this respect, the Court notes that from the medical record of Mr. Vélez Loor
it is noted that, inter alia, on March 20, 2003, Mr. Vélez Loor was evaluated for
migraines and dizziness, the product of a former cranial fracture, which according to
the physician had been there for almost a year; therefore a CAT scan of the brain was
prescribed251; on April 10, 2003, Mr. Vélez Loor was summoned for a medical
evaluation but he refused to go; however, the physician, upon reviewing his medical
record, determined that the inmate had a fractured skull and that a CAT scan had not
been carried out, for which he opted to discard a brain injury with the ordered CAT
scan,252 and on April 22, 2003, Mr. Vélez Loor was examined for headaches and
dizziness, as the result of a former cranial fracture and a CAT scan was prescribed;
however, the CAT scan was not performed due to its cost.253
222. The Court notes that, despite its recurring problems of migraines and
dizziness, and the need determined by the physicians who treated him for which a
CAT scan was necessary, said scan was never performed and Mr. Vélez Loor did not
receive adequate and timely medical care in relation to this ailment, which could have
had unfavorable consequences for his current health condition, and it is contrary to
the dignified treatment due. According to expert witness Flores Torrico, “the
headaches, migraines, blurred vision, tearing, vertigo and dizziness experienced by
Mr. Vélez Loor can perfectly relate to the blow he received to his head by a blunt
object, by which he sustained an injury and a scar […] in the right front-parietal
region.”254
223. Consequently, the Court finds proven that the medical care services to which
Mr. Vélez Loor had access to, were not provided in a timely, adequate, and complete
manner, given that he did not receive specialized medical treatment and medicine for
the apparent cranial fracture he suffered, and it was neither duly treated.
224. In sum, the representatives sustained that the conditions of imprisonment to
which Mr. Vélez Loor was subjected to, "constituted cruel, inhumane, and degrading
treatment,” "[d]uring the ten months he was in custody of the Panamanian authorities
[...] where he lived in inhumane conditions, far from the merited respect to his dignity.”
249
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 207, para. 102
250
Cf. Case of García Asto and Ramírez Rojas, supra note 99, para. 226; Case of the Miguel CastroCastro Prison, supra note 27, para. 302, and Case of Montero Aranguren et al. (Detention Center of Catia),
supra note 207, paras. 102 and 103.
251
Cf. Note of Dr. Guillermo A. Garay M. of March 20, 2003 in the medical file of Mr. Vélez Loor in the
Complex of La Joya-Joyita (case file of the evidence, tome VIII, annex 53 to the response to the
application, folio 3609).
252
Cf. Communication of the Clinic of La Joyita to the Director of La Joyita Penitentiary Center of April
10, 2003 (case file of the evidence, volume III, annex 53 of the answer to the application, folio 3612);
Medical note of Physician Mastellari of April 10, 2003 in medical file of Mr. Vélez Loor of Complex La JoyaJoyita (case file of the evidence, volume III, annex 53 of the application, folio 3609), and Note N° 208DGSP.DAL, supra note 69.
253
Cf. Note N° 208-DGSP.DAL, supra note 69, and Official Letter N° 450-SP issued by the Head of the
Prison Healthcare of the Ministry of Interior and Justice addressed to Jesus Vélez Loor on April 22, 2003
(case file of the evidence, volume VIII, annex 53 of the answer to the application, folio 3613).
254
Expert opinion rendered by Marcelo Flores Torrico at the public hearing held before the InterAmerican Court on August 25, 2010.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents