46 100. Neither the Inter-American Convention, nor the representatives stated that the victims identified in this case were held in the cells referred to in the preceding paragraph. However, the Court, considering the testimonies presented before it (supra para.59), deems that the sanitary conditions existing on the higher floors of Detention Center of Catia, though not so bad as those described above, did not comply with the minimum standards of humane treatment. The State itself pointed out that “during many decades" the Detention Center of Catia “represented for Venezuela the idea of evil, where everything was possible, the gloomy place where society purges its misery,” and all those who “suffered there and succeeded in leaving it […] are survivors.”158 iii) Medical Assistance 101. Among the facts accepted by the State, it is worth noting that medical assistance provided to the inmates of Detention Center of Catia did not comply with the minimum standards. Several of the inmates injured during the events ocurred between November 27 and 29, 1992, did not receive any medical assistance or the adequate medicine (supra para. 60(21). Furthermore, no proper medical assistance was provided to inmates that were ill. 102. This Court has pointed out that lack of adequate medical assistance does not satisfy the minimum material requisites of a treatment consistent with the human condition as stipulated in Article 5 of the American Convention.159 The State has the duty to provide detainees with regular medical checks and care and adequate treatment whenever necessary. Besides, the State must allow and facilitate medical assistance to detainees by a professional physician of their choice or selected by their legal representatives,160 although this does not imply the existence of a duty to satisfy all wishes and preferences of a person deprived of liberty regarding medical assistance, but only those real needs consistent with the actual circumstances and condition of the detainee. Assistance by a physician not related to prison or detention center authorities is an important safeguard against torture and physical or mental ill-treatment of inmates.161 103. Lack of adequate medical assistance could be considered per se a violation of Articles 5(1) and 5(2) of the Convention depending on the specific circumstances of the person, the type of disease or ailment, the time spent without medical attention and its cumulative effects. * 158 159 Oral final arguments of the State, public hearing held on April 4, 2006, supra para. 26. Cf. Case of García Asto and Ramírez Rojas vs. Perú, supra note 144, para. 226. 160 Cf. Case of García Asto and Ramírez Rojas v. Perú, supra note 144, para. 227; Case of De la Cruz Flores. Judgment of November 18, 2004. Series C No. 115, para. 122, and Case of Tibi. Judgment of September 7, 2004. Series C No. 114, para. 157. Likewise, the Set of Principles for the Protection of all Persons under any kind Detention or Imprisonment, Adopted by the General Assembly through its Resolution 3/173, dated December 9, 1988, Principle 24. 161 Cf. ECHR, Case of Mathew v. The Netherlands, supra note 151, para. 187.

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