106
297.
In the case of Pedro Miguel Vera Vera, In which the Court recently
adopted a decision, the IACHR found that the victim, who has sustained a gunshot wound
in the course of his arrest, died 10 days later while in the custody of the authorities
because he failed to undergo surgery in time. 337
298.
Similarly, in the case of Juan Hernández Lima, the IACHR found that the
victim, who was arrested for an administrative offense (“drunk and disorderly behavior”)
and ordered to spend 30 days in prison or pay a fine, died from an attack of cholera six
days after his arrest. His mother learned of his detention from neighbors four days after his
death. In this case, the State failed to administer sufficient rehydration remedy, transfer
Mr. Hernández Lima to a hospital facility, and notify a third party of his arrest. 338
299.
In the context of its monitoring functions, the IACHR noted that in March
2000 at Combinado del Este prison in Havana, six prisoners with tuberculosis, HIV, and
other diseases reportedly died, apparently due to the negligence of the medical and para‐
medical personnel of the prison hospital. 339 Furthermore, in the exercise of its protection
functions, the IACHR has granted precautionary measures in serious and urgent cases
where individuals were at risk of irreparable harm due to lack of medical care. 340
300.
In light of these standards, the IACHR underscores that judicial authorities
(be they trial judges or sentence enforcement judges) on whose decisions rests the fate of
persons deprived of liberty, play a fundamental role in protecting the right to life of
individuals who are seriously ill. Therefore, judicial officials must act with diligence,
independence, and humanity in cases where it is duly attested that there is an imminent
risk to life of the individual owing to their deteriorated health or a fatal illness.
337
The IACHR took into consideration the fact that the victim received no medical treatment from April
13 to 16, 1993, while he was being held in police cells where the standards of hygiene, sanitation, and medical
care were deplorable. Furthermore, despite the fact that on April 16 the Judge of the 11th Criminal Court of
Pichincha ordered the director of Santo Domingo Hospital to readmit Mr. Vera Vera for surgery, he was not
admitted unti April 17, at 13:00 hrs, and no surgery was performed on him until April 22, when he was treated at
Eugenio Espejo Hospital in Quito. Therefore, in the 10 days that Mr. Vera Vera was in the custody of the state,
various authorities, including correctional staff and medical personnel at state hospitals, committed a series of
omissions that resulted in his death on April 23, 1993. IACHR, Application to the I/A Court H.R., Pedro Miguel Vera
Vera et al., Case 11.535, Ecuador, February 24, 2010, paras. 1, 21, 32, 45, 46, 47 and 56.
338
IACHR, Report No. 28/96, Case 11.297, Merits, Juan Hernández Lima, October 16, 1996, paras. 1‐5,
17, 56 and 60.
339
IACHR, Annual Report 2001, Chapter IV, Cuba, OEA/Ser./L/V/II.114. doc. 5 rev., April 16, 2002, para.
81(a). Taken from the report of the United Nations Special Rapporteur on Torture, Sir Nigel Rodley, submitted
pursuant to Commission on Human Rights resolution 2000/43, E/CN.4/2001/66, January 25, 2001, p. 78, para.
358.
340
Thus, for example, precautionary measures were granted in favor of Francisco Pastor Chaviano (MC‐
19‐07), in Cuba, who had been held in a punishment cell, mistreated by prison guards, and not provided medical
treatment, despite suffering from serious illnesses. Mr. Pastor Chaviano was later released by the Cuban
authorities on August 20, 2007. The IACHR also granted precautionary measures in favor of Luis Sánchez Aldana
(MC‐1018‐04), a Colombian citizen detained in Suriname, who reportedly suffered from complete occlusion of the
aorta and gangrene in the lower limbs, without receiving adequate medical care. The IACHR decided to lift these
precautionary measures in June 2005 after it was provided with clear evidence that the State was administering
the medical care that the beneficiary needed, and therefore the original circumstances that supported their
granting no longer existed.
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