CRPD/C/11/D/8/2012
medical insurance provider (OSDE) issued a certificate stating that “based on a
neurological assessment, the rehabilitation plan should be carried out in hospital”.
2.9
On 23 August 2010, the Office of the Prison System Ombudsman (Procuración
Penitenciaria de la Nación) applied to the Federal Criminal Court for the author’s
admission to the FLENI Institute for immediate treatment as a precautionary measure to be
taken without delay to prevent the appearance of lesions as a result of inappropriate living
arrangements. On 26 August 2010, the author was transferred to the FLENI Institute in
Escobar.
2.10 On 3 November 2010, the neurosurgeon at the FLENI Institute determined that the
author’s cervical spine was unstable, that he might require surgery and that regular travel by
ambulance was aggravating his condition and should occur only when absolutely necessary.
On 17 November 2010, another doctor from the FLENI Institute informed the Federal
Criminal Court that it was not possible to provide specific, practical instructions as to how
the author’s ambulance transfers should be carried out and that the Federal Criminal Court
should therefore consult experts in that regard. The Federal Criminal Court requested that
the Institute provide a state-of-the-art ambulance with a doctor on board and assess the
author’s clinical status before every trip.
2.11 On 7 May 2011, the Ombudsman issued a report on the author’s latest medical
examination which stated that he had improved but required assistance from others to
perform basic day-to-day tasks. The report also said that the Federal Prison Service medical
facilities lacked the infrastructure and resources needed to ensure the author’s health and
rehabilitation and that it could not be guaranteed that transport from the prison to the
rehabilitation clinic could take place in a manner or on a schedule that would allow him to
continue his rehabilitation as an outpatient. Accordingly, the Ombudsman’s Office
recommended that the author should remain at the FLENI Institute. On 17 May 2011, the
FLENI Institute stated that the author continued to suffer neurological after-effects and
needed to continue to receive physical, occupational, neurological, cognitive and visual
rehabilitation therapy; that the author could continue his rehabilitation programme as an
outpatient at a location selected jointly by the Federal Criminal Court and the medical
insurance company; that the rehabilitation described above should be carried out between
three and five times per week; and the author’s travel to and from the place of treatment
was subject to the neurosurgeon’s recommendations. On 24 June 2011, the medical
insurance provider (OSDE) gave the Federal Criminal Court a list of facilities that were
equipped to meet the author’s rehabilitation needs that were both near his prison and
covered by his insurance scheme.
2.12 On 26 May 2011, the author was transferred to the central prison hospital of the
Ezeiza Federal Penitentiary Complex No. 1 (the Ezeiza Prison) by order of the Federal
Criminal Court. The Court also ordered the Ezeiza Prison to coordinate with OSDE to
conduct an assessment and arrange for prompt ongoing treatment in, if possible, a medical
centre close to his place of detention.
2.13 On 27 May 2011, following the submission of an application by the defence as part
of a habeas corpus proceeding, Federal Criminal and Correctional Court of First Instance
No. 1 or No. 2 of Lomas de Zamora authorized the author’s transfer to the FLENI Institute
because of acute physical and psychiatric decompensation. On 29 May 2011, the author
was transferred to the Olivos Clinic. Between 30 May and 3 June 2011, the author was
hospitalized at the Argentine Institute of Diagnosis and Treatment, where it was decided
that the plate that had been fitted during his spinal surgery had to be removed, with the
Institute noting that “although there is a risk of perforating the oesophagus, this could also
happen if the plate were to shift. This risk obviously increases with any ill-advised
movement that might occur during an improperly prepared transfer or with sudden
movements”. On 2 June 2011, the Ombudsman concluded that if either outpatient or day4
GE.14-05593