187. The WHO has established that the treatment of diabetes “consists of the reduction of glycaemia and other known risk factors that damage the blood vessels. […].” Among the interventions that “are feasible and economical in developing countries” the WHO mentions the following: i) moderate control of glycaemia; ii) blood pressure control; iii) foot care; iv) screening for retinopathy (cause of blindness); v) blood lipid control (to regulate cholesterol levels); and, screening for early signs of diabetes-related kidney disease.287 Specific recommendations for the treatment of this disease include physical activity and an appropriate diet.288 188. The Court considers that the need to protect health, as part of the State’s obligation to ensure the rights to personal integrity and to life, increases in respect of a person who suffers serious or chronic illnesses, where their health can deteriorate progressively. Under the principle of non-discrimination (Article 1(1) of the Convention), this obligation acquires particular importance in relation to persons deprived of liberty. This obligation may also be conditioned, accentuated or specified, according to the type of disease, particularly if it is of a terminal nature or, even if it is not terminal per se, if it can be complicated or aggravated either by the individual’s own circumstances, by the conditions of incarceration or by the capacity of the prison establishment or of the prison authorities to provide health care. This obligation rests with the prison authorities and, ultimately and indirectly, with the judicial authorities who, ex officio or at request of the interested party, must exercise judicial control over the guarantees due to persons deprived of liberty. 189. The authorities must ensure that detainees receive regular and systematic monitoring of their medical condition, as required, and that treatment is aimed at curing their diseases or preventing their aggravation, rather than merely treating them on a symptomatic basis.289 The European Court has incorporated the principle of equivalence of health care established by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment, according to which health care services in prisons must be able to provide medical treatment and nursing care, as well as appropriate diets, physiotherapy, rehabilitation and any other necessary special facilities, in conditions comparable to those enjoyed by patients in the outside community. 290 A lack and/or deficiency in the provision of medical attention, or negligent or deficient medical treatment, is not consistent with the obligation to protect the right to life of persons deprived of liberty. 291 World Health Organization, Diabetes. Fact Sheet No. 312. January 2015. Available at: http://www.who.int/mediacentre/factsheets/fs312/es/index.html. 287 The WHO recommendations for people who suffer from diabetes include: i) practicing an endurance activity at a moderate or higher level of intensity (e.g. brisk walking) at least one hour daily most days of the week; ii) ensuring that saturated fat intake does not exceed 10% of total energy and for high risk groups, fat intake should be less than 7% of total energy; iii) achieving adequate intake of NSP–non-starch polysaccharides through regular consumption of wholegrain cereals, legumes, fruits and vegetables. World Health Organization, Diet, nutrition and the prevention of chronic diseases. Report of the joint WHO/FAO expert consultation. WHO, Technical Report Series No. 916. Geneva 2003, page 77. Available at: http://www.who.int/nutrition/publications/obesity/WHO_TRS_916_spa.pdf 288 The European Court ruled on the medical treatment that a person with diabetes should receive, finding that “the mere fact that a detainee was seen by a doctor and prescribed a certain form of treatment cannot automatically lead to the conclusion that the medical assistance was adequate”. ECHR, Barilo v. Ukraine, No. 9607/06, Judgment of May 16, 2013, para. 68. 289 The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment, Third General Report of Activities for the period January 1-December, 1992. Ref.: CPT/Inf (93) 12 [EN], published on June 4, 1993, para. 38. Available at: http://www.cpt.coe.int/en/annual/rep-03.htm#III cited in: ECHR, Kudhobin v. Russia, No. 59696/00, Judgment of October 26, 2006, para. 56. 290 ECHR, Tarariyeva v. Russia, No. 4353/03, Judgment of December 14, 2006, para. 87. In its analysis of these types of violations the European Court has held that: “ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3. The assessment of this minimum level is, in the nature of things, relative; it depends 291 59

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