186. The State maintained that, during his detention in the Federal Prison Service, Lucas
Matías Mendoza received medical and psychological care.
B.2. Considerations of the Court
187. In the instant case, the Court considers it relevant to underline that, on July 31,
1998, when Lucas Matías Mendoza was hit by the ball, resulting in the detached retina in his
left eye, he was awaiting sentencing under the tutelary system in the Dr. Luis Agote
Juvenile Institution, and was 17 years of age (supra paras. 98). In this regard, the Court
considers it pertinent to recall that any limitation of the physical liberty of an individual,
even if this is detention for tutelary purposes, must adhere strictly to the relevant provisions
of the American Convention and domestic laws, provided the latter are compatible with the
Convention. 253 In this regard, it should be noted that the United Nations Rules for the
Protection of Juveniles Deprived of their Liberty state that “[t]he deprivation of liberty
means any form of detention or imprisonment or the placement of a person in a public or
private custodial setting, from which this person is not permitted to leave at will, by order of
any judicial, administrative or other public authority.” 254
188. Accordingly, the Court recalls that, when dealing with persons who have been
deprived of liberty, the State is in a special position of guarantor, because prison authorities
exercise strong control or command over the persons in their custody, 255 especially if they
are minors. Thus, a special relationship and interaction of subordination is created between
the person deprived of liberty and the State, characterized by the particular intensity with
which the State can regulate his or her rights and obligations, and by the inherent
circumstances of imprisonment, where the prisoner is prevented from satisfying, on his own
account, a series of basic needs that are essential for leading a decent life. 256
189. This Court has established that the State has the obligation, as guarantor of the
health of the persons in its custody, to provide detainees with regular medical examinations
and adequate medical treatment when required. 257 In this regard, the Court recalls that
numerous decisions of international bodies cite the Standard Minimum Rules for the
Treatment of Prisoners in order to interpret the content of the right of persons deprived of
liberty to be treated in a dignified and humane manner. 258 Regarding the medical services
with which they must be provided, these Rules indicate, inter alia, that “[t]he medical officer
shall see and examine every prisoner as soon as possible after his admission and thereafter
as necessary, with a view particularly to the discovery of physical or mental illness and the
253
Cf. Case of Torres Millacura et al. v. Argentina. Merits, reparations and costs. Judgment of August 26,
2011. Series C No. 229, para. 76, and Case of Fleury et al. v. Haiti, para. 54.
254
United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Adopted by the General
Assembly of the United Nations by resolution 45/113, of 14 December 1990, rule 11.b.
255
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay. Preliminary objections, merits,
reparations and costs. Judgment of September 2, 2004. Series C No. 112, para. 152, and Case of Vera Vera et al.
v. Ecuador. Preliminary objection, merits, reparations and costs. Judgment of May 19, 2011. Series C No. 226,
para. 42.
256
Cf. Case of the “Children’s Rehabilitation Institute” v. Paraguay, para. 152, and Case of Vélez Loor v.
Panama. Preliminary objections, merits, reparations and costs. Judgment of November 23, 2010. Series C No. 218,
para. 216.
257
Cf. Case of Tibi v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September
7, 2004. Series C No. 114, para. 156, and Case of Vélez Loor v. Panama, para. 220.
258
Cf. Case of Raxcacó Reyes v. Guatemala. Merits, reparations and costs. Judgment of September 15, 2005.
Series C No. 133, para. 99, and Case of Vera Vera et al. v. Ecuador, para. 50.
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