circumstances of his detention, the initial transport of the alleged victim in a
taxi to the police station, and then, twenty minutes thereafter, to the
Regional Hospital in Santo Domingo de los Colorados, constitute the State’s
failure to comply with the obligations derived from the Convention. Therefore,
the Court will not rule on the possible violation of Mr. Vera Vera's human
rights that may have been committed during this period.
B.2.2. First admission in the Public Hospital of Santo Domingo
de los Colorados
48.
Next, it is gathered from the body of evidence that on April 12, 1993,
upon being admitted to the Emergency room of the Regional Hospital, Mr.
Pedro Miguel Vera Vera was in an “inebriated state and with a gunshot wound
at the height of his left thoracic region.” He remained “hospitalized in the
monitoring room” of the institution, and according to the records of the
Emergency room, a radiograph of the thorax was pending.47
49.
At 2:00 hours on April 13, 1993, it was noted in the record that Mr.
Vera Vera “continued complaining,” and, at 7:00 hours of that same day, it
was noted that he had spent the night “irritable and complaining,” that he had
undergone a radiograph, with “discharge pending,” and that on two occasions
he “vomited food residue of a brown color.”48 At noon, the alleged victim was
discharged by three doctors on duty given that, according to their opinion, his
wound did not merit hospitalization.49 According to the medical record, at that
point in time he was “in an improved state,” and he was prescribed “general
care.” Mr. Vera Vera was discharged from the Hospital, escorted by members
of the [Office of Criminal Investigations of Santo Domingo de los
Colorados].”50
50.
In this regard, the Court recalls that numerous decisions of
international organizations invoke the United Nations Standard Minimum
Rules for the Treatment of Prisoners in order to interpret the content of the
right of prisoners to decent and humane treatment; these rules prescribe the
basic rules for a prisoner’s accommodation, hygiene, medical care, and
47
Cf. Clinical history of Pedro Miguel Vera Vera, First Internment, Emergency Services,
Hospital of Santo Domingo de los Colorados (case file of annexes to the application, annex 8,
folio 25).
48
Clinical history of Pedro Miguel Vera Vera, First Internment, Emergency Services,
Hospital of Santo Domingo de los Colorados (case file of annexes to the application, annex 8,
folio 25).
49
Cf. Police report 95-P2-34-SDC of the National Office of Investigations, of December 11,
1995 (case file of annexes to the application, annex 7, folio 19); police report 95-P2-33-SDC of
the National Office of Investigations, addressed to the Chief of the Command of Rural Services of
Pichincha No. 1, on December 4, 1995 (case file of annexes to the application, annex 19, folio
69); Official letter addressed to the Subsecretary of the International Body of the Ministry of
Foreign Affairs, signed by the Subsecretary of the Police of the Ministry of the Interior, of
December 15, 1995 (case file of annexes to the application, annex 5, folio 14), and Clinical
history of Pedro Miguel Vera Vera, First Internment, Emergency Services, Hospital of Santo
Domingo de los Colorados (case file of annexes to the application, annex 8, folio 25).
50
Clinical history of Pedro Miguel Vera Vera, First Internment, Emergency Services,
Hospital of Santo Domingo de los Colorados (case file of annexes to the application, annex 8,
folio 25).
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