66 among them, the consumption of drinking water whenever they require it, as well as for personal hygiene.245 216. The Tribunal considers that the absence of minimum conditions that ensure the supply of drinking water within a penitentiary center constitutes a serious failure of the State's duty to guarantee the rights of those held in the State's custody, given that due to the particular circumstances of any deprivation of liberty, detainees cannot satisfy their personal basic needs by themselves, though said needs are essential for the basic development of a dignified life,246 such as access to sufficient safe water. 217. With respect to the rest, regarding that expressed by the State (supra para. 213), the Tribunal does not have sufficient elements to determine if this practice was used as a means of punishment towards the prison population. 2) Medical care 218. As to the lack of adequate medical care, the Commission sustained that "[t]he information available indicates that during his detention at La Joya-Joyita, Mr. Vélez Loor received basic medical attention; however, he did not receive the specialized treatment necessitated by the fractured skull he apparently suffered.” Moreover, the representatives stated that there is no record that Mr. Vélez Loor had undergone a medical examination at the moment he was admitted to La Palma Prison or when he was transferred to La Joya-La Joyita Center, and that the State, “at no time, provided adequate and thorough medical care to the [alleged] victim.” In particular, they referred to the failure to carry out the only medical examination prescribed, that of a CAT exam for his skull. 219. The State, in addition, pointed out that “Mr. Vélez received timely and adequate medical treatment, with the restrictions that the penitentiary center equally imposed on the rest of the inmates confined, at that time, at La Joya Penitentiary.” It objected to the statement made by the Commission and the representatives regarding the lack of specialized medical treatment, and it referred, in detail, to the activity and medical care registered in the “medical record of Mr. Vélez ” at the Clinic of La Joya Penitentiary. Furthermore, it emphasized that, on some occasions, Mr. Vélez Loor himself refused to accept said care. 220. This Tribunal has held that the State has the duty to provide detainees with regular medical checks and care and adequate treatment whenever necessary.247 The Principle 24° for the Protection of All Persons Under Any Form of Detention or Imprisonment provides that: “[A] proper medical examination shall be offered to a detained or imprisoned person as promptly as possible after his [or her] admission to the place of detention or imprisonment, and thereafter medical care and treatment shall be provided whenever necessary. This care and treatment shall be provided free of charge.”248 Assistance by a physician not related to the prison or detention center authorities is an important safeguard against torture and physical or mental ill 245 Recently, the United Nations General Assembly declared ”the right to safe and clean drinking water and sanitation as a human right that is essential for the full enjoyment of life and all human rights.” United Nations, General Assembly, Order 64/292 in its 108th plenary session on July 28, 2010, on “Resolution on the Human Right to Water and Sanitation.” A/Res/64/292, August 3, 2010, para. 1. 246 Cf. Case of the “Juvenile Reeducation Institute”, supra note 208, para. 152; Case of Montero Aranguren et al. (Detention Center of Catia), supra note 207, para. 87, and Case of García Asto and Ramírez Rojas, supra note 99, para. 221. 247 Cf. Case of Tibi, supra note 27, para. 156; Case of Montero Aranguren et al. (Detention Center of Catia), supra note 207, para. 102, and Case of García Asto and Ramírez Rojas, supra note 99, para. 227. 248 United Nations, Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, Adopted by the General Assembly in Order 43/173, December 9, 1988, Principle 24.

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