CRPD/C/11/D/8/2012 and were in working order, that a door to the recreation yard had been specially fitted to accommodate the author and that a functioning call button existed to summon a nurse, with nursing staff being on duty around the clock. 8.5 The Committee recalls that, under article 14, paragraph 2, of the Convention, persons with disabilities deprived of their liberty have the right to be treated in compliance with the objectives and principles of the Convention, including by provision of reasonable accommodation. It further recalls that accessibility is a general principle of the Convention and, as such, also applies to situations in which persons with disabilities are deprived of their liberty. The State party is under an obligation to ensure that prisons afford accessibility to all persons with disabilities who are deprived of their liberty. Accordingly, States parties must take all relevant measures, including the identification and removal of obstacles and barriers to access, so that persons with disabilities who are deprived of their liberty may live independently and participate fully in all aspects of daily life in their place of detention; such measures include ensuring their access, on an equal basis with others, to the various areas and services, such as bathrooms, yards, libraries, study areas, workshops and medical, psychological, social and legal services. In the case under review, the Committee acknowledges the accommodations made by the State party in order to remove the barriers that impeded the author’s access to areas within the physical environment of the prison. However, the Committee considers that the State party has not irrefutably demonstrated that the accommodations made in the prison complex are sufficient to ensure the author’s independent (insofar as possible) access to the bathroom and shower, recreation yard and nursing service. The Committee observes in this connection that the State party has not asserted that there are any obstacles that would prevent it from taking the necessary measures to facilitate the author’s mobility or denied the author’s allegations that architectural barriers to accessibility persist. Consequently, the Committee considers that, in the absence of sufficient explanations, the State party has failed to fulfil its obligations under article 9, paragraphs 1 (a) and (b), and article 14, paragraph 2, of the Convention. 8.6 Having reached the above conclusion, and given the circumstances of the case, the Committee considers that, in the light of the lack of accessibility and a sufficient degree of reasonable accommodation, the author has been placed in substandard conditions of detention that are incompatible with the right set forth in article 17 of the Convention. 8.7 The Committee recalls that the failure to adopt relevant measures and to provide sufficient reasonable accommodation when they are required by persons with disabilities who have been deprived of their liberty may constitute a breach of article 15, paragraph 2, of the Convention. In the present case, however, the Committee does not consider that it has sufficient evidence before it to conclude that there has been a violation of article 15, paragraph 2, of the Convention. Health care and rehabilitation treatment 8.8 The Committee takes note of the author’s allegations that he has not undergone suitable or timely rehabilitation treatment since his arrival at the Ezeiza Prison and that the prison complex lacks the infrastructure, equipment and staff required to provide such treatment. The Committee further notes the State party’s observations that, in coordination with OSDE, arrangements can be made for the provision of outpatient rehabilitation therapy at the Ezeiza Prison and at nearby health-care centres outside the prison; that the author has refused to undergo rehabilitation therapy on a number of occasions; and that his applications for the authorization of house arrest or detention in hospital have been duly considered by the judicial authorities, who ordered the Federal Criminal Court to take the necessary steps to protect the author’s health and integrity. GE.14-05593 15

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