CRPD/C/11/D/8/2012
measures and that, as noted in previous reports, the author should continue to receive
outpatient rehabilitation treatments.
6.3
Regarding the Ezeiza Prison doctor’s report of 17 April 2013, the State party points
out that the doctor in question was interviewed during the Federal Criminal Court
proceedings and had said that her opinion was based solely on the recommendations of the
author’s doctors at the FLENI Institute. Moreover, the Federal Criminal Court states that
the medical reports issued at the time of the author’s discharge from the Institute indicated
that he was fit to continue treatment as an outpatient and that neither the attending
physicians at the Institute nor the officially designated experts had challenged that finding.
6.4
On the basis of information from OSDE, the Federal Criminal Court confirmed that
the author had refused the rehabilitation services offered by the Geben Centre at the prison
in June 2012 and had insisted on being treated on the basis of the rehabilitation programme
of the FLENI Institute and at its facilities. The Federal Criminal Court took note of the
assertion of the physiotherapist who treated the author in prison that the rehabilitation
equipment had certain limitations but pointed out that those claims were contradicted by
OSDE, which had stated, following the visit by the Geben doctor, that physiotherapy was
possible at the author’s place of detention since his private doctors could practice there.
Moreover, the availability of state-of-the-art equipment had been confirmed by the Special
Prosecutor-General of the Human Rights Division of the Attorney-General’s Office, who
had visited the prison hospital and interviewed the author on 8 May 2013. Therefore, the
Federal Criminal Court concluded that the equipment for physiotherapy had been
demonstrated to be available, adequate — at least in terms of basic inputs — and in good
condition and working order.
6.5
Accordingly, the Federal Criminal Court concluded that, with the exception of the
opinion of the Ezeiza Prison doctor, there was no medical basis or new evidence to support
the author’s application. Taking note of the Committee’s request of 4 February 2013 for
interim measures, the Federal Criminal Court requested that the Department of Forensic
Medicine conduct a medical assessment to establish the author’s state of health, evaluate
his rehabilitation treatment and determine whether he should continue to be held in the
prison hospital. It also ordered that the rehabilitation services offered by OSDE should be
continued; that, if the author were to refuse to use the service, a record of any such refusal
should be kept and steps should be taken to make sure that his refusal reflected a free and
informed decision; and that the Department of Forensic Medicine should prepare a general
report on his state of health and progress on a monthly basis.
6.6
On 20 September 2013, the State party informed the Committee that the Federal
Criminal Court had requested information from the San Juan de Dios rehabilitation centre,
and that the centre had confirmed that the author was undergoing rehabilitation
physiotherapy and psychotherapy.
6.7
On 15 November and 19 December 2013, the State party informed the Committee
that, at the request of the Federal Criminal Court, on 9 October 2013 the author had
undergone an expert medical examination conducted by the Department of Forensic
Medicine and three medical experts designated by the parties. The report indicated that
there had been no significant change in the author’s state of health. Following the
ambulance accident, on 3 September 2014, the author underwent a medical examination to
determine his state of health and, in particular, to ascertain if any injury had been sustained
by his cervical spine or brain. This examination did not reveal any change in relation to the
earlier findings. The report also states that the prison has suitable equipment for
musculoskeletal rehabilitation treatments but not for the rehabilitation of patients with
bipedal ambulation and balance disorders or patients in need of visual rehabilitation
treatments. It therefore recommended that the author be held in the Ezeiza Prison and that a
portion of his rehabilitation treatment be conducted in a hospital outside the prison. One of
12
GE.14-05593
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