privacy and to health, in relation to the obligations to respect and to ensure these rights and
the duty to adopt domestic legal provisions.
B.4
The medical attention received by Manuela during her detention
230. Pursuant to the principle of non-discrimination, the right to health of persons deprived
of liberty entails the provision of a regular medical check-up377 and, when necessary,
adequate, prompt and, if appropriate, specialized medical treatment in keeping with the
special care needs of those deprived of their liberty.378
231. In order to examine the care that Manuela received during her detention, and based on
the arguments of the parties and the observations of the Commission, the Court’s analysis
will focus on the following: (a) whether a comprehensive medical examination was performed,
and (b) the medical care that Manuela received. Regarding the alleged use of handcuffs while
Manuela was detained in the Rosales National Hospital, the Court notes that it has insufficient
evidence substantiating this allegation.
B.4.a A comprehensive medical examination
232. On the basis of the right to personal integrity, the Court has interpreted that States
must perform a comprehensive medical examination of persons deprived of liberty as
promptly as possible. The 1995 Standard Minimum Rules for the Treatment of Prisoners
indicated, 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 of all necessary measures.”379
233. The Court notes that Manuela was initially detained while she was hospitalized.
Subsequently, on March 6, 2008, she was taken to the cells of the Morazán headquarters of the
National Civil Police where she remained until her transfer to the prison in San Miguel.380 There
is no record in the case file that any medical examination was carried out when Manuela arrived
at the police headquarters or at the San Miguel prison, despite the fact that she had been
hospitalized for an obstetric emergency and had visible lumps in her neck that had not been
examined in the establishment where she was hospitalized (supra para. 196).
Cf. Case of Tibi v. Ecuador, supra, para. 156 and 157, and Case of Rodríguez Revolorio et al. v. Guatemala,
supra, para. 90.
377
Case of Chinchilla Sandoval et al. v. Guatemala, supra, para. 171, and Case of Rodríguez Revolorio et al. v.
Guatemala, supra, para. 90.
378
1995 United Nations Standard Minimum Rules for the Treatment of Prisoners, supra, Rule 24. It is also
pertinent to recall that Principle 24 of the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment (adopted by the UN General Assembly in its resolution 43/173 of December 9, 1988)
established 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.” The Principles and
Best Practice on the Protection of Persons Deprived of Liberty in the Americas of the Inter-American Commission
(Principle IX.3) indicate that: “[a]ll persons deprived of liberty shall be entitled to an impartial and confidential
medical or psychological examination, carried out by idoneous medical personnel immediately following their
admission to the place of imprisonment or commitment, in order to verify their state of physical or mental health
and the existence of any mental or physical injury or damage; to ensure the diagnosis and treatment of any relevant
health problem; or to investigate complaints of possible ill‐treatment or torture.”
379
Cf. National Civil Police, Morazán headquarters. Communication addressed to the Second Trial Judge on March
7, 2008 (evidence file, folio 1870); Communication of March 7, 2008 (evidence file, folio 1871); Communication of
the director of the San Miguel Prison of September 9, 2009 (evidence file, folio 3313), and prisoner transfer
authorization of September 10, 2009 (evidence file, folio 3314).
380
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