102
k)
in situations of serious injuries, resulting from the use of force by state
authorities, the norm that enshrines the right to humane treatment demands
that the State adopt immediate measures to protect the physical integrity of
the person under police custody, judicial authorities or penitentiary
authorities. The State has the specific positive duty to protect the physical
integrity of any person deprived of their liberty, which includes the adoption
of the actions necessary to maintain an adequate health standard. Lack of an
adequate medical treatment in said situation must be qualified as inhuman
treatment;
l)
in the specific circumstance of the present case, the Commission
requested that the Court declare that, once the operative “Transfer 1” had
concluded, the lack of a timely and adequate medical attention to the injured
parties listed in the application, as well as the lack of adoption of the actions
necessary to guarantee in a timely and effective manner the procedures and
medicines necessary to reestablish the highest health level possible in all the
people injure during the events of the present case, constitute a violation to
Article 5 of the Convention and a failure to comply with the general obligation
of respect and guarantee contemplated in Article 1(1) of the same;
“Solitary Confinement”
m)
once the operative “Transfer 1” had concluded, the male and female
inmates were not allowed to communicate with their next of kin and attorneys
for several days and in some cases for weeks. The latter places the individual
in an unnecessary situation of vulnerability, where solitary confinement may
be, in itself, a form of mistreatment. The Peruvian authorities should have
allowed the survivors to communicate with their next of kin and attorneys in
order to inform them of their situation and diminish the general uncertainty
caused by the facts;
“Lack of information to the next of kin regarding the situation of the alleged
victims”
n)
in the final written arguments it indicated that the negligent or
intentional inattention of the next of kin, who awaited in the surroundings of
the prison, in the hospitals, and the morgues, constitutes in itself a violation
to the right to humane treatment, due to the psychic anguish that the
unjustified delay in informing on who died and who was injured caused in the
next of kin;
o)
in the final written arguments it stated that especially the mothers
tried, unsuccessfully, to obtain information on the situation of their next of
kin, receiving all type of insults and physical aggressions. Similarly, they had
to go through terrible conditions to find their loved ones and recover their
remains, once they were able to identify them. Mrs. Julia Peña was told on
several occasions that her daughter was not in the morgue, and in order to be
able to bury her she had to enter said place stealthily, opening the
refrigerators, having to face the horror of decomposed and even cut up bodies
of other victims, that had also been denied to their next of kin. During this
entire process she did not receive any assistance from the officials in charge
of the morgue; and