6 liters of water to be used each day.116 This also led to very poor hygiene conditions, as stated by
expert witness Castro-Conde.117
90.
With respect to health care, it was established that it was not only insufficient, but on many
occasions non-existent. The Court recalls that personal integrity is directly and immediately linked
to human health care.118 Indeed, the Court has pointed out on several occasions that the State has
the duty to provide detainees with regular medical check-ups and adequate care and treatment when
required119 and that the lack of adequate medical care to a person who is deprived of liberty and
under the custody of the State may be considered a violation of Articles 5(1) and 5(2) of the
Convention, depending on the specific circumstances of the specific person, such as their state of
health or the type of ailment from which they suffer, the length of time elapsed without care, its
cumulative physical and mental effects, and, in some cases, the person's sex and age, among
others.120 In the instant case, the Court notes that there was an almost total absence of medical
supplies and trained medical personnel to care for the inmates, which also increased the incidence
of physical and mental health problems.121 This is compounded in particular by the absence of mental
health care, which precluded any possibility of alleviating the mental anguish suffered by death row
inmates.122 Also linked to the above, with respect to food, the Court notes that there was no adequate
diet to the medical conditions of inmates who suffered from diabetes, hypertension or ulcers (supra
para. 85), which also worsened the effects of their illnesses.123
Cf. Expert report of Aída Castro-Conde Barrios on the state of mental health of Miguel Ángel López Calo and Miguel
Ángel Rodríguez Revolorio, June 23, 2005 (evidence file, folio 265). In relation to access to water, Rule 15 of the United
Nations Standard Minimum Rules for the Treatment of Prisoners establishes that "[p]risoners shall be required to keep their
persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and
cleanliness. On the other hand, Rule 20.2 of the aforementioned legal document states that "[d]rinking water shall be available
to every prisoner whenever he needs it." See also, Principles and Best Practices on the Protection of Persons Deprived of
Liberty in the Americas, Adopted by the Inter-American Commission on Human Rights at its 131st regular session, held March
3-14, 2008, Principle XI. See also, Case of Vélez Loor v. Panama. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 23, 2010. Series C No. 218, para. 216 and Case of Pacheco Teruel et al. v. Honduras. Merits,
Reparations and Costs. Judgment of April 27, 2012. Series C No. 241, para. 67.
117
Cf. Expert report of Aída Castro-Conde Barrios on the state of mental health of Miguel Ángel López Calo and Miguel
Ángel Rodríguez Revolorio, of June 23, 2005 (evidence file, folio 268). See also, Case of Montero Aranguren et al (Retén de
Catia) v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 5, 2006. Series C No. 150, para.
146, and Case of Pacheco Teruel et al. v. Honduras. Merits, Reparations and Costs. Judgment of April 27, 2012. Series C No.
241, paras. 65 and 67.
118
Case of Albán Cornejo et al. v. Ecuador. Merits, Reparations and Costs. Judgment of November 22, 2007. Series C
No. 171, para. 117, and Case of Poblete Vilches et al. v. Chile. Merits, Reparations and Costs. Judgment of March 8, 2018.
Series C No. 349, para. 152.
119
Case of Tibi v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 7, 2004.
Series C No. 114, para. 156, and Case of Díaz Peña v. Venezuela. Preliminary Objection, Merits, Reparations and Costs.
Judgment of June 26, 2012. See also, Rule 31 of the United Nations Standard Minimum Rules for the Treatment of Prisoners,
supra, which provides that "[t]he physician or, where applicable, other qualified health-care professionals shall have daily
access to all sick prisoners, all prisoners who complain of physical or mental health issues or injury and any prisoner to whom
their attention is specially directed. All medical examinations shall be undertaken in full confidentiality", and 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 9 December 1988, principle 24, which states that "[t]he physician shall examine every prisoner as
soon as possible after admission and thereafter as often as necessary, in particular to determine the existence of physical or
mental illness, to take appropriate measures if necessary; to ensure the isolation of prisoners suspected of infectious or
contagious diseases; to identify physical and mental disabilities which may hinder rehabilitation; and to determine the physical
fitness of each prisoner for work.
120
Case of the "Street Children" (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series
C No. 63, para. 74, and Case of Díaz Peña v. Venezuela, supra, para. 137.
121
Cf. Expert report of Aída Castro-Conde Barrios on the state of mental health of Miguel Ángel López Calo and Miguel
Ángel Rodríguez Revolorio, of June 23, 2005 (evidence file, folio 267).
122
Cf. Expert report of Aída Castro-Conde Barrios on the state of mental health of Miguel Ángel López Calo and Miguel
Ángel Rodríguez Revolorio, of June 23, 2005 (evidence file, folio 267).
123
Expert report on the state of mental health of Miguel Ángel Rodríguez Revolorio and Miguel Ángel López Calo,
prepared by Aida Castro-Conde, of June 23, 2005 (evidence file, folio 278). Cf. Case of Tibi v. Ecuador. Preliminary Objections,
Merits, Reparations and Costs. Judgment of September 7, 2004. Series C No. 114, para. 156, and Case of Pacheco Teruel et
116
27