46
100. Neither the Inter-American Convention, nor the representatives stated that
the victims identified in this case were held in the cells referred to in the preceding
paragraph. However, the Court, considering the testimonies presented before it
(supra para.59), deems that the sanitary conditions existing on the higher floors of
Detention Center of Catia, though not so bad as those described above, did not
comply with the minimum standards of humane treatment. The State itself pointed
out that “during many decades" the Detention Center of Catia “represented for
Venezuela the idea of evil, where everything was possible, the gloomy place where
society purges its misery,” and all those who “suffered there and succeeded in
leaving it […] are survivors.”158
iii)
Medical Assistance
101. Among the facts accepted by the State, it is worth noting that medical
assistance provided to the inmates of Detention Center of Catia did not comply with
the minimum standards. Several of the inmates injured during the events ocurred
between November 27 and 29, 1992, did not receive any medical assistance or the
adequate medicine (supra para. 60(21). Furthermore, no proper medical assistance
was provided to inmates that were ill.
102. This Court has pointed out that lack of adequate medical assistance does not
satisfy the minimum material requisites of a treatment consistent with the human
condition as stipulated in Article 5 of the American Convention.159 The State has the
duty to provide detainees with regular medical checks and care and adequate
treatment whenever necessary. Besides, the State must allow and facilitate medical
assistance to detainees by a professional physician of their choice or selected by
their legal representatives,160 although this does not imply the existence of a duty to
satisfy all wishes and preferences of a person deprived of liberty regarding medical
assistance, but only those real needs consistent with the actual circumstances and
condition of the detainee. Assistance by a physician not related to prison or detention
center authorities is an important safeguard against torture and physical or mental
ill-treatment of inmates.161
103. Lack of adequate medical assistance could be considered per se a violation of
Articles 5(1) and 5(2) of the Convention depending on the specific circumstances of
the person, the type of disease or ailment, the time spent without medical attention
and its cumulative effects.
*
158
159
Oral final arguments of the State, public hearing held on April 4, 2006, supra para. 26.
Cf. Case of García Asto and Ramírez Rojas vs. Perú, supra note 144, para. 226.
160
Cf. Case of García Asto and Ramírez Rojas v. Perú, supra note 144, para. 227; Case of De la Cruz
Flores. Judgment of November 18, 2004. Series C No. 115, para. 122, and Case of Tibi. Judgment of
September 7, 2004. Series C No. 114, para. 157. Likewise, the Set of Principles for the Protection of all
Persons under any kind Detention or Imprisonment, Adopted by the General Assembly through its
Resolution 3/173, dated December 9, 1988, Principle 24.
161
Cf. ECHR, Case of Mathew v. The Netherlands, supra note 151, para. 187.
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