diagnosis and maintaining the same medical opinion that the wound was not
serious[,] [Mr. Vera Vera] was administered the medicine he was prescribed
at the hospital [of Santo Domingo de los Colorados], and remained under
observation.”62
56.
Pursuant to her testimony rendered at the public hearing (supra para.
21), Ms. Francisca Mercedes Vera Valdez purchased at least some of the
medications administered to her son while he was at the Provisional Detention
Center, at the request of the doctor who treated him, who also requested the
purchase of a “Gillette razor” in order to go forward with the extraction of the
bullet. In this regard, the State noted that the “care received by Mr. Pedro
Vera Vera was free,” and that “[t]hese facts have never been verified, nor
analyzed.” Nevertheless, the Court notes that in his sworn statement, Mr.
Francisco Rubén Vargas Balcázar, (supra para. 20), who according to Ms.
Vera Vera's statement before the Court, accompanied her at the time, also
mentioned that the doctor of the detention center told her that she should
purchase, “a scalpel and […] some pills” in order for him to extract the bullet
from her son. The Court highlights that this declaration was not contested nor
disputed by the State, who had the procedural opportunity to do so (supra
para. 7). Thus, the Court considers it reasonable to infer that Ms. Vera Valdez
did in fact provide some medicine for her son’s care while he was detained in
the cells of the police station in Santo Domingo de los Colorados.
57.
Likewise, pursuant to Ms. Vera Valdez's statement (supra para. 21),
after purchasing the medications she was able to see her son, who “was on a
wet floor, laying down; he was the color of office paper, and begged, “Mother,
get me out of here, I can’t handle it any more.” Upon seeing this, Ms. Vera
Vera got an attorney, [who] filed a brief with a judge” in order for him to
transport her son to a hospital [infra para. 60]. Similarly, Mr. Vargas Balcazar
stated (supra para 20) that Ms. Vera Valdez “was [able to see her son…]
through some filthy railings, and she saw that he was lying on the ground
complaining of pain and stripped of his belongings[.] Pedro saw that she was
there, and through the railings he yelled ‘Mother, mommy get me out of
here[,] help me[,] I cant handle it any more[,] it hurts a lot.”
58.
Moreover, it is clear from the body of evidence that on April 14, 1993,
Ms. Vera Valdez, through an attorney, requested the Second National Police
Commissioner to order the medical-legal evaluation of her son in order to
assess his state of health and to make his hospitalization in a clinic possible,
“so that he [could] receive immediate medical attention and his life [could] be
saved, as he was detained in the jail cells of the city Police.”63
59.
Moreover, the Court also found that in response to this request, on
April 14, 1993, the Second Commissioner appointed two medical experts to
carry out the corresponding medical examination, which took place the same
62
Statement by doctor Luis Fernando Lara Yáñez, Chief of the Medical Unit of the
Provisional Detention Center, rendered before the National Office of Investigations on November
15, 1995 (case file of annexes to the application, annex 10, folio 29).
63
Brief of Mercedes Vera addressed to the Second National Police Commissioner of the
Cantón de Santo Domingo on April 14, 1993, and order of authority to effecutate medical
recognition (case file of annexes to the brief of pleadings and motions, annex 6, folio 555).
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