CRPD/C/11/D/8/2012 exercise yard; in addition, note had been taken of the equipment contained in the physiotherapy room, specialized medical examination rooms, trauma rooms and the mobile therapy unit, as well as the availability of round-the-clock nursing care. 2.26 On 12 October 2012, the staff doctor at the prison hospital reported that, owing to the length of time that the author had spent lying down, he had hypotrophy of the lower limbs. The author states that during this period he was not transferred in a timely manner to a health-care facility capable of treating his dental problems, but was transferred only several months later, by which time he required surgery to drain a fistula. 2.27 On 12 and 20 November 2012 and 16 January 2013, the author reiterated his complaints and informed the Committee that, despite the Federal Chamber’s orders, the Federal Criminal Court had not taken the necessary measures to ensure suitable, timely access to health-care facilities. The prison authorities had provided no more than a partially adapted plastic chair which lacked essential safety features. Although the report of the staff doctor at the Ezeiza Prison had stated that an external neurological consultation was pending, that consultation had not taken place until 31 October 2012 at the FLENI Institute, and then only as a result of his relatives’ efforts. He also claimed that the sector in which he was held had only one nurse for all the patients incarcerated there and that, in practice, he did not receive suitable or timely assistance. On 14 November 2012, the FLENI Institute reported that the author needed intensive rehabilitation therapy in a highly sophisticated centre. The author filed another application in which he asked to be transferred and admitted to the FLENI Institute or another centre with the human and technical resources suited to his needs. However, the Federal Criminal Court denied his application on 28 December 2012. 2.28 The author alleges that, although he has not exhausted all domestic remedies, those remedies have been unreasonably prolonged, making it unlikely that an effective solution will ever be reached. He emphasizes that, in practice, he does not receive the prescribed medical treatment in a timely or efficient manner and that his physical and mental integrity are thus seriously jeopardized. The complaint 3.1 The author claims to be the victim of violations by Argentina of articles 9; 10; 13; 14, paragraph 2; 15, paragraph 2; 17; 25; and 26 of the Convention. 3.2 The author maintains that determination of the appropriateness of holding him in a prison, including a prison hospital, should take into account his state of health, the lack of infrastructure, medical services and care, and the extent to which his imprisonment adversely affects his health. The interruption of his rehabilitation treatment at the FLENI Institute and the shortcomings described earlier not only infringe his right to the highest attainable standard of health without discrimination and his right to attain maximum independence and full ability but also seriously endanger his life, in violation of articles 25 and 26 of the Convention. In practice, the rehabilitation services provided by the authorities merely constitute palliative care and are insufficient to bring about full rehabilitation. No other inmates are in a state of health such as his that make them dependent on the help of others to carry out basic daily tasks; consequently, holding him in a prison constitutes a violation of his right to equality before the law. 3.3 The inadequacy of infrastructure for persons with his disability and the substandard conditions of detention and health care at the Ezeiza Prison hospital constitute both an affront to his dignity and inhuman treatment. Having been assigned to a first-floor cell at the Ezeiza Prison, the author was unable to access the recreation yard for the first 8 months of his imprisonment, depriving him of access to fresh air and natural light, in violation of article 14, paragraph 2, of the Convention. GE.14-05593 7

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