medical care, excessive security conditions which the person undergoes
despite his or her obvious serious health condition and with no grounds or
evidence that would have required it, as well as public awareness or media
communication of these situations, among other things, to assess whether
there has been inhumane or degrading treatment of persons deprived of
liberty. 91
78.
The Court notes that in the present case, the medical negligence by
State authorities given the type of injury suffered by Mr. Vera Vera, that is, a
gunshot wound, caused the painful deterioration of his physical condition
during the course of ten days, culminating in his death, a consequence that
could have been avoided with appropriate and timely medical treatment
(supra para. 75). Moreover, given his health condition and his deprivation of
liberty, it was clear that Mr. Vera Vera could not fend for himself in order to
receive treatment in a timely manner; this was an obligation of the authorities
that had custody over him. For the Court, these facts constitute inhumane
and degrading treatment within the meaning of Article 5(2) of the
Convention, to the detriment of Mr. Vera Vera.
79.
Therefore, for this Court it is clear that the medical negligence of State
authorities in this case generated violations to Mr. Vera Vera’s rights to
personal integrity and life, and as such, it deems that the Ecuadorian State
violated Article 5(1), 5(2) and 4 of the Convention, in conjunction with Article
1(1) thereof, to the detriment of Mr. Pedro Miguel Vera Vera.
B.4. The alleged prison conditions and health care services for those
deprived of liberty in Ecuador at the time that the facts took place
80.
In Chapter VI of this Judgment (supra para. 30), the Court already
referred to the fact that in its application, the Commission referred to an
alleged general situation in Ecuador of “overcrowding of prisoners in the State
penitentiary system, [...] poor provisions for health clinics in penitentiary
centers in terms of equipment and medicines, as well as the lack of minimum
requirements such as [...] access to medical care,” among others, to
contextualize the human rights violations suffered by Mr. Pedro Miguel Vera
Vera in 1993.
81.
The Court notes that the only document submitted to support this
affirmation by the Inter-American Commission is the Report on the Situation
of Human Rights in Ecuador, of April 24, 1997, issued on the basis of an in
loco visit conducted in the State in 1994 by the Commission. In this regard,
the Court considers that, before the Tribunal, the report by itself is not
sufficient to establish an alleged general situation in Ecuador during the time
of the facts of this case with respect to the issues raised by the Commission.
The Court highlights that the report focuses briefly on the availability of
medical and psychological treatment for prisoners, without providing further
details, statistics, and specific evidence about available resources and
practices for the provision of medical care to those deprived of liberty in the
91
Cf. C.E.D.H., Case of Sarban V. Moldova, (No. 3456/05), supra note 90, and Case of
Paladi V. Moldova, (No. 39806/05), G.C., Judgment of March 10, 2009.
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