foregoing considerations and their cumulative effects, the Court holds that the conditions of
the applicant’s detention in view of his physical disability and, in particular, his inability to
have access to various prison facilities independently, including the sanitation facilities, and
that in such a situation the lack of any organized assistance with his mobility around the
prison or his daily routine, reached the threshold of severity required to constitute
degrading treatment contrary to Article 3 of the Convention. There has, accordingly, been
a violation of that provision.20
21.
In addition to the foregoing, in the Case of X v. Argentina, the author suffered a
stroke which resulted in left homonymous hemianopia, a sensory balance disorder, a
cognitive disorder and impaired visuospatial orientation,21 a serious neurological disease that
meant he required assistance to perform the most basic daily tasks. Notwithstanding the
pronouncements on accessibility and reasonable accommodation22 in relation to the services
provided to the victim by the nurse, the RPD Committee took note of the observations made
in situ by the State authorities and confirmed the existence and operation of a call button
to summon the nurse, who provided assistance 24 hours a day. In response, the Committee
indicated that there was no doubt that the author required health care23 and, although a call
button was installed, the author said that in practice, it took some time before someone
responded,24 yet the Committee did not comment on the failure to comply with this
obligation. It took a different view regarding the obligation to provide reasonable
accommodation in other conditions of detention, since it concluded that the State of
Argentina “[had] not irrefutably demonstrated that the accommodations made in the prison
complex [were] sufficient to ensure the author’s independent (insofar as possible) access
to the bathroom and shower, recreation yard and nursing service.”25 In other words, the
RPD Committee has not denied that, in certain cases, States must provide assistance to
persons with severe disabilities when they are deprived of their liberty and, therefore, that
this violates the principle of independence. On the contrary, in the case of X, the fact that
the Committee pointed out that the State should have adapted the complex to ensure access
to the nursing service not only entailed the provision and operation of the call button, but
also ensuring timely assistance and attention within the detention center.
20
Cf. ECHR, Case of Grimailovs v. Latvia, No. 6087/03, Judgment of June 25, 2013, para. 162.
Committee on the Rights of Persons with Disabilities, Communication No. 8/2012, X v. Argentina,
CRPD/C/11/D/8/2012, April 11, 2014, para. 2.1.
21
Committee on the Rights of Persons with Disabilities, Communication No. 8/2012, X v. Argentina,
CRPD/C/11/D/8/2012, April 11, 2014, para. 9 a) and b).
22
Cf. Committee on the Rights of Persons with Disabilities, Communication No. 8/2012, X v. Argentina,
CRPD/C/11/D/8/2012, April 11, 2014, para. 8.10.
23
Cf. Committee on the Rights of Persons with Disabilities, Communication No. 8/2012, X v. Argentina,
CRPD/C/11/D/8/2012, April 11, 2014, paras. 8.4, 8.5 and 8.6.
24
.25
Committee on the Rights of Persons with Disabilities, Communication No. 8/2012, X v. Argentina,
CRPD/C/11/D/8/2012, April 11, 2014, para. 8.5.
8