basis of the application (supra para 31). Therefore, the Court will not rule on
the arguments of the representative in this regard.
VII
RIGHTS TO PERSONAL INTEGRITY AND LIFE OF PEDRO MIGUEL VERA
VERA, IN RELATION TO THE OBLIGATION TO RESPECT AND
GUARANTEE RIGHTS
A.
Arguments of the parties
34.
The Inter-American Commission held that Mr. Pedro Miguel Vera Vera,
twenty years old, was detained on April 12, 1993, after he “was followed by a
group of persons who had surprised him during an attempted robbery and
tried to lynch him and burn him alive.” While they chased him, Mr. Vera Vera
“received a blow from a bullet from a distance in the upper left frontal
region.” It noted that “there are not sufficient elements to establish whether
the bullet came from the group of persons that followed him or from police
agents that apprehended him in the same context.” It also stated that upon
his detention, as a consequence of the serious omissions in the administration
of medical care while Mr. Vera Vera was under State custody,23 he “suffered
serious consequences to his health,” fear, and helplessness while he
experienced “the serious deterioration of his condition,” and subsequently,
death in a public hospital. As a consequence, it requested that the Court
declare that the State failed to comply “with its obligation to guarantee the
physical integrity of Mr. Pedro Miguel Vera Vera, submitting him to cruel and
inhumane treatment and not treating him with the inherent respect that is
due to all human beings,” pursuant to Articles 5(1) and 5(2) of the American
Convention, in relation to Article 1(1) thereof. Moreover, it argued that the
Court declare that the State failed to comply with its obligation to guarantee
the right to life of Mr. Vera Vera, pursuant to Article 4(1) of the American
Convention, in relation to Article 1(1) thereof.
35.
The representative substantially agreed with the Commission. He also
specified that “on the night of April 12, 1993, [Mr. Vera Vera was] followed by
a mob that accused him of assaulting people in a public street, [a] police
officer joined the chase at the time that he was shot and was captured, and it
is noted that he had suffered a gunshot wound to his left breast […].”Mr. Vera
Vera passed away on April 23, 1993, in the Eugenio Espejo Hospital in the city
of Quito. The autopsy report states that “the cause of death was peritonitis
and hemoperitoneum due to lacerations of the mesenteric vessels and
intestinal loops, caused by penetration of a projectile from a firearm[.]” As
23
The Commission indicated that the State failed to comply with its obligation to
administer adequate medical assistance of Mr. Pedro Miguel Vera Vera: “a) after his detention,
[as he was not taken immediately to a hospital, but to the Police station to be searched, and
because he was released from the public hospital of Santo Domingo de los Colorados on 12 April
1993 without an explanation on the medical considerations that justified that release]; during his
stay at the Police Detention Ceneter in Santo Domingo from 13 to 17 April 1993, which did not
have the hygienic and material conditions necessary to house him and offer him medical
treatment; and [c)] during his stay between 17 and 22 April 1993 in the public hospital of Santo
Domingo de los Colorados, where no surgery was performed despite the existence of a judicial
order of 16 April 1993”.
15