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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