exercise.51
In regard to medical services that should be provided to
prisoners, the Rules state, 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 taking all necessary measures[.]”52
51.
It is also relevant to recall that the Principle 24 for the Protection of All
Persons under Any Form of Detention or Imprisonment establishes: “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.” 53
52.
In regard to this first hospitalization of Mr. Pedro Vera Vera in the
Regional Hospital of Santo Domingo de los Colorados, the Court notes that
pursuant to the expert report of Hans Petter Hougen and Önder Özkalipci, not
contested by the parties (supra para. 20), during this stage, the doctors who
cared for him committed various omissions that constituted “gross medical
negligence.”54 On the one hand, the expert witnesses noted that there is no
record that “an assessment of his vital signs, including arterial tension, on the
day he was discharged from the hospital” was carried out. Moreover, given
that the registration record of the emergency room noted that the alleged
victim had a bullet lodged in the subcutaneous tissue of the left side,55 “more
examinations were need[ed] in order to determine the bullet's trajectory and
whether it w[as] necessary to initiate surgical treatment.” According to the
experts, “[t]his is of general medical knowledge.”56
53.
Furthermore, the experts mentioned that given that on two occasions
Mr. Vera Vera “vomited food residue of a brown color” (supra para. 49), the
doctors of the Regional Hospital should have “verified whether there existed a
gastrointestinal or intraperioneal hemorrhage” by means of “some medical
51
Cf. Case of Raxcacó Reyes V. Guatemala. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 133, para. 99. Minimum Rules of Nations for the Treatment of
Prisoners, adopted by the First Congress of the United Nations on the Prevention of the Crime
and Treatment of Delinquents, held in Genieva in 1995, and approved by the Economic and
Social Council in its resolution 663C (XXIV) of July 31, 1957 and 2076 (LXVII) on May 13, 1977
52
Rule 24 of the Minimum Rules of the United Nations for the Treatment of Prisoners,
supra note 52.
53
Case of De la Cruz Flores V. Perú, supra note 40, para. 133. Principle 24 of the Body of
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.
54
Expert testimony of Messers. Hans Petter Hougen and Önder Özkalipci (case file of
Merits, tomo I, folio 572).
55
Cf. Clinical history of Pedro Miguel Vera Vera, First Internment, Emergency Services,
Hospital of Santo Domingo de los Colorados (case file of annexes to the application, annex 8,
folio 25).
56
Expert testimony of Messers. Hans Petter Hougen and Önder Özkalipci (case file of
Merits, tomo I, folio 572).
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