and monitoring of the health of each person deprived of liberty, with the aim of providing
comprehensive medical care to all inmates.” The State therefore considered it “inappropriate
to follow the recommendation made by the Commission,” and indicated the following:
“[…] the Women´s Orientation Center has a health clinic that provides medical assistance and treatment,
with the medications needed by the inmates. In addition, it receives support from the Medical Services
Department of the General Directorate of the Prison System for the supply of medications; the national
hospitals also supply medications to the inmates. […] In addition, the Prison System’s Medical Services
Department has a control mechanism for addressing any problem affecting the health of persons deprived
of liberty, that is, if some type of medication is needed, it is requested from the appropriate source so that
it can be provided to the inmate, or if the presence of paramedics assigned to prisons is required (Annex 7).
Therefore, in this case, the State does not consider that there is a lack of medical attention in the COF, since
it has medical services, and also monitors the needs of the inmates as regards medical assistance for their
ailments and illnesses.
Finally, the State indicated that the General Directorate of the Prison System complies with the provisions of
Article 14 of the Law of the Penitentiary System […] since it provides adequate medications and medical
consultations to the inmates. In addition, they are provided with medical treatment and are allowed to leave
the prison to attend medical checkups that require the intervention of specialist doctors.
291.
The Court points out that the State recognizes its international obligation to
guarantee adequate and timely access to medical care to persons deprived of liberty in the
Women´s Orientation Center, as well as in other detention centers and prisons, including
access to medical examinations and the corresponding records of each person deprived of
liberty, available to the doctors and prison staff, stating the inmates’ health condition upon
admission to prison and during their detention, their treatment, medical history and other
pertinent matters, to ensure their adequate treatment and monitoring. In particular, the State
has reiterated its commitment to provide duly qualified medical staff to treat those with serious
illnesses, and to attend to medical emergencies. On the understanding that the State will
observe the standards mentioned in this judgment, and considering that the Commission and
the representatives have not provided clear, specific and up-to-date information to determine
the current health care needs of persons deprived of liberty in the Women´s Orientation
Center, or in other prison facilities, the Court considers that it is not pertinent to order the
requested measures of reparation.
C.5
Guarantees of adequate conditions for persons with disabilities deprived
of their liberty
292.
In its merits report, the Commission recommended that the State ensure
adequate prison conditions for persons with disabilities at the Women´s Orientation Center,
in accordance with the standards described in its report.
293.
For their part, the representatives requested “that [the State] adopt all necessary
measures to ensure that prisons provide conditions with dignity for persons that suffer physical
disability, such as accessible toilets, dining rooms and other services, according to the
requirements of persons with special needs.” In their brief of final arguments the
representatives also requested: (i) that the State adopt the measures necessary to ensure
that all new prisons are accessible to persons with disabilities, in accordance with international
standards and the requirements of accessibility, since they are public buildings; (ii)
implementation of a national plan to adapt existing prisons; (iii) implementation of a general
policy in the Prison System’s Rules of Procedure, establishing the obligation to make
reasonable accommodation to ensure accessibility for persons with disabilities; and (iv) that
disabled persons be excluded from prison centers that are inaccessible to them.
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