CRPD/C/11/D/8/2012
homonymous hemianopsia. However, according to the author, as of the time that the
present communication was submitted, he had yet to undergo rehabilitation therapy.
2.21 On 7 December 2011, the Department of Forensic Medicine informed the Federal
Criminal Court that the author’s condition was improving and that he required the use of a
wheelchair, a cervical brace and the assistance of another person. It also stated that new Xrays were needed to ascertain the state of his cervical spine and that the best course of
treatment was outpatient rehabilitation. The Department stated that travel to and from the
hospital was necessary irrespective of where the author was detained and that an OSDE
ambulance with a Federal Prison System guard on board should be used for this purpose on
all occasions.
2.22 On 29 December 2011, the Federal Criminal Court again rejected the author’s
application for house arrest, arguing that he would need to travel to the rehabilitation centre
irrespective of where he was held; therefore, the risk inherent in such travel would not be
avoided by granting house arrest. Moreover, there was no evidence that the author could be
treated properly only at home or that treatment at home was the only way to avert the risks
inherent in travel to the rehabilitation centre. The Federal Criminal Court took note of the
report of the on-site inspection conducted by the Gendarmería Nacional at the Ezeiza Prison
as part of the habeas corpus proceedings, which listed the measures taken to adapt the
facilities to the author’s needs, including the installation and testing of an emergency call
button and the removal of the step leading to the bathroom in the author’s cell. The Court
also took note of information submitted by the Public Legal Service regarding the facilities
and condition of the medical examination and rehabilitation rooms, 24-hour nursing
assistance, the existence and working order of elevators and the fact that a door to the
recreation yard had been adapted to the author’s needs.
2.23 On 5 January 2012, the author filed an appeal against the decision of the Federal
Criminal Court with the Federal Chamber. That same day, the Deputy Director of the
Ezeiza Prison hospital informed the Federal Criminal Court that physiotherapy was
provided in the author’s cell, that he had regular consultations at San Juan de Dios Hospital,
that he attended to his hygiene and basic needs in bed with the help of nursing staff and
that, if the objective was for the author to reach a point where he would be able to attend to
his daily needs on his own, the prison hospital did not have the proper infrastructure for that
purpose.
2.24 On 29 June 2012, the director of the prison hospital issued another report describing
the rehabilitation treatment that the author had undergone. The author alleges that the report
was inaccurate and distorted the fact that the treatment provided at the prison was
inadequate, that he had had only four sessions at San Juan de Dios Hospital and that he had
not been provided with any visual rehabilitation therapy. Nor had he undergone neurocognitive therapy, as the purpose of the various sessions in which he had participated had
been to permit the preparation of a neuro-psychological report.
2.25 On 13 July 2012, the Federal Chamber rejected the appeal but ordered the prison
authorities to ensure the monitoring, care and regular assessment of the author’s health and
to take any measures his condition required, especially with regard to medical treatment
and access to basic sanitary facilities. The Federal Chamber found that the Federal Criminal
Court had given due consideration to the author’s health issues before rejecting his
application; that there was no evidence that he could be transported safely only if he were at
home or that the adverse effects of such travel would be eliminated if he were granted
house arrest; and that the author could not use his refusal of rehabilitation services provided
by the prison or his partial cooperation with physical examinations to oblige the Court to
grant his request for house arrest. The Court considered that corrective measures, including
the provision of properly functioning elevators, had been taken with regard to the prison
infrastructure to ensure that the author enjoyed greater mobility, comfort and access to the
6
GE.14-05593