62
132. The Inter-American Court understands that, pursuant to Article 5 of the
American Convention, the State has the obligation to provide regular medical
examinations and care to prisoners, and also adequate treatment when this is
required. The State must also allow and facilitate prisoners being treated by the
physician chosen by themselves or by those who exercise their legal representation
or guardianship.115
133. It is also pertinent to recall Principle 24 of the Principles for the Protection of
All Persons Subject to Any Form of Detention or Prison, which establishes that: “[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.”116
134.
Furthermore, the European Court has stated that:
According to [Article 3 of the Convention], the State must ensure that a person is
detained in conditions that are compatible in regards for human dignity, that the manner
and way of exercising the measure do not subject him to anguish or difficulty over and
above the inevitable level of suffering inherent in detention and that, given the practical
demands of imprisonment, his health and welfare are ensured adequately, providing
him, inter alia, with the necessary medical care.117
*
*
*
135.
This Court also considers that it has been proved that the detention of Mrs.
De La Cruz Flores, and the conditions in which this occurred, resulted in the rupture
of her family structure, so that her children grew up without their mother and had to
abandon their personal plans (supra para. 73(57)). The Court recalls that Mrs. De La
Cruz Flores indicated in the statement made before notary public (supra para. 50)
that her next of kin “suffered as if they had been in prison with me.” Moreover, the
detention conditions caused her next of kin severe mental anguish.
136.
In view of the above, the Court considers that the State violated the right to
humane treatment embodied in Article 5 of the American Convention, in relation to
Article 1(1) thereof, to the detriment of María Teresa De La Cruz Flores, and also
that of her next of kin: Ana Teresa and Danilo Blanco De La Cruz, her children; Alcira
Domitila Flores Rosas widow of De La Cruz, her mother; and Alcira Isabel, Celso
Fernando and Jorge Alfonso De La Cruz Flores, her siblings.
115
Cf. Case of Tibi, supra note 1, para. 157; and Case of Bulacio, supra note 107, para. 131.
116
Cf. UN. Series of Principles for the Protection of All Persons Subject to Any Form of Detention or
Prison, adopted by the General Assembly in its resolution 43/173, of 9 December 1988, Principle 24.
117
Cf. Kudla v. Poland, No. 30210/96, para. 93-94, ECHR 2000-XI.
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