96
detainees to be administered medical assistance by a medical doctor chosen by them
or by their legal representatives or guardians.184
228. The Court notes that, in spite of his prostate problems (supra para. 97(57)).
Wilson García-Asto did not receive adequate and timely medical assistance in the
Yanamayo and Challapaca Penitentiaries; this has caused a detriment to his health and
is contrary to the humane treatment to which every human being is entitled pursuant
to Article 5 of the American Convention.
229. Furthermore, the Court concludes that the detention conditions imposed to
Wilson García-Asto, as well as the lack of communication, the cell isolation regime, and
the restriction of visits by their next of kin amounted to cruel, inhuman, and degrading
treatment which derived in the violation of his physical, mental, and moral integrity.
Consequently, and taking into consideration the acknowledgement of the facts
occurred prior to September 2000 made by the State (supra paras. 52 to 60,), the
Court considers that the State is liable for the violation of Articles 5(1) and 5(2) of the
Convention, in connection with Article 1(1) thereof, to the detriment of Wilson GarcíaAsto.
*
230. The Court has considered proven that Wilson García-Asto’s next of kin have
endured great pain and suffering and have been constantly worried as a consequence
of the degrading and inhuman detention conditions suffered by the alleged victim, the
isolation to which he was subject, the distance and inaccessibility of the different
penitentiaries to which he was transferred. All of the above constituted a violation of
the mental and moral integrity of the alleged victim’s next of kin (supra paras. 97(62)
and 97(63)).
231. Consequently, and considering the acknowledgement of the facts prior to
September 2000 made by the State (supra paras. 52 to 60,) the Court considers that
Peru is liable for the violation of Article 5(1) of the Convention, regarding Article 1(1)
thereof, to the detriment of Napoleón García-Tuesta, Celia Asto-Urbano, Gustavo
García-Asto, and Elisa García-Asto.
b)
Regarding the alleged violation of Article 5 of the Convention to the detriment
of Urcesino Ramírez-Rojas
232. In this section, the Court shall refer to the general considerations stated in
paragraphs 216 to 223 and 227 of this Judgment.
*
233. The Court considers that the detention conditions imposed on Urcesino
Ramírez-Rojas (supra paras. 97(120), 97(122), and 97(127)), as well as the lack of
184
Cf. Case of De la Cruz-Flores, supra note 4, para. 122; Case of Tibi, supra note 142, para. 157; and
Case of Bulacio. Judgment of September 18, 2003. Series C No. 100, para. 131; In that regard, cf. UN
Principles for the Protection of All Persons under any Form of Detention or Imprisonment, adopted by the
General Assembly in Resolution 43/173, of December 9, 1988, Principle 24.
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