76
151. Daniel Tibi was incarcerated in overcrowded and unhealthy conditions for 45
days, in a cell block of the Penitenciaría del Litoral known as “the quarantine”. He
had to remain there all day, with insufficient light and ventilation, and he was not
given food. Afterwards, he spent several weeks in the corridor of the cell block of
said penitentiary, sleeping on the ground, until he was finally able to occupy a cell,
by force (supra para. 90(46), and 90(47)).
Once, he was confined to the
undisciplined inmates pavilion, where other inmates attacked him (supra para.
90(48)). There was no classification of the inmates at the penitentiary center (supra
para. 90(49)).
152. The description of the conditions under which Daniel Tibi lived during his
detention shows that they did not fulfill the minimum requirements for decent
treatment, as a human being, as set forth in Article 5 of the Convention.
153. It has also been proven that while he was in the prison, Daniel Tibi was twice
examined by physicians supplied by the State, who established that he had suffered
wounds and traumatism, but he never received medical treatment and the cause of
said injuries was never investigated (supra para. 90(51)).
154. Regarding this specific matter, we must refer to Principle twenty-four of the
Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, which establishes that: “[a] proper medical examination shall be
offered to a detained or imprisoned person as promptly as possible after his
admission to the place of detention or imprisonment, and thereafter medical care
and treatment shall be provided whenever necessary. This care and treatment shall
be provided free of charge.”155
155.
The European Court has asserted that
under [Article 3 of the Convention], the State must ensure that a person is detained in
conditions which are compatible regarding for his human dignity, that the manner and
method of the execution of the measure do not subject him to distress or hardship of an
intensity exceeding the unavoidable level of suffering inherent in detention and that, given
the practical demands of imprisonment, his health and well-being are adequately secured
by, among other things, providing him with the requisite medical assistance.156
156. It is the understanding of the Inter-American Court, in turn, pursuant to
Article 5 of the American Convention, that the State has the duty to provide regular
medical examinations and care to the detainees, as well as adequate treatment when
required. The State must also allow and facilitate examination of the detainees by a
physician of their choice or chosen by their legal representative or custodian.157
157. This Court notes that, despite his serious physical and psychological situation,
Mr. Tibi never received adequate and timely medical treatment or care at the
penitentiary, and this has had adverse effects on his current health conditions. The
155
United Nations, Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment, supra note 126, Principle 24.
156
See Kudla v. Poland, No. 30210/96, para. 93-94, ECHR 2000-XI.
157
See Case of Bulacio, supra note 129, para. 131.
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