CRPD/C/11/D/8/2012
further alleges that, owing to a lack of timely dental care, on 4 June 2013 his dentist
concluded that he could not be given dental implants.
5.6
On 12 June 2013, the Federal Criminal Court once again rejected his application for
admission to the FLENI Institute. On 1 July 2013, the author lodged an appeal. He alleged
that the Federal Criminal Court lacked solid documentary evidence that he had refused to
attend rehabilitation sessions at the Ezeiza Prison with the physiotherapist of the Geben
Alternative Rehabilitation Centre between January and March 2012. He further alleged that
the Geben Centre physiotherapist’s opinion regarding the suitability and adequacy of the
rehabilitation equipment at the prison hospital conflicted with the opinions of the
physiotherapist and attending physician who treated him there on a daily basis.
Notwithstanding the opinion of his attending physicians, who felt that he should be
admitted to hospital, as well as the opinions issued by the Department of Forensic Medicine
on 7 and 17 December 2012, the Federal Criminal Court rejected his application. The
author adds that for two years he did not undergo the rehabilitation therapy required for his
disability and that he is obliged to travel dozens of kilometres by ambulance for two
physiotherapy sessions and one session with a psychologist per week. This adversely
affects his physical and psychological condition, especially considering the frailty of his
cervical spine.
5.7
The author submits to the Committee that the rehabilitation treatment offered by the
State party is only partial and did not begin until mid-July 2013. Furthermore, for reasons
beyond his control, the rehabilitation sessions were interrupted in September 2013 when the
ambulance used to transport him was involved in an accident. As a result, the author
experienced severe neck and hip pain, for which he underwent medical tests, and his
transfers to San Juan de Dios Hospital were suspended.
5.8
On 10 November 2013, the author informed the Committee that, according to the
Department of Forensic Medicine, his latest medical examination indicated that his general
health had not improved. On 17 December 2013, the author stated that the ambulance
accident demonstrated the risk to his life and health posed by the trips back and forth
between the prison and the hospital. These trips not only occasion a great deal of anxiety
and pain, which makes the treatment less effective, but also prevent him from having prison
visits on the days assigned to him by the prison authorities when the trips to the hospital
coincide with the designated hours for prison visits by family members and friends.
5.9
On 6 March 2014, the author reiterated his claims regarding the lack of suitable,
timely rehabilitation treatment and regarding the negative effects on his cervical spine of
the trips in the ambulance. He argued that he should be admitted to a specialized health
centre or placed under house arrest. He also stated that the latest report from his attending
physician indicated that the care he was receiving was insufficient and ineffective and that
he therefore required four hours of rehabilitation therapy per day.
State party’s additional observations
6.1
On 31 July 2013, the State party informed the Committee of the action taken in
response to the Committee’s request for interim measures of 4 February 2013. On 12 June
2013, by order of the Federal Chamber, the Federal Criminal Court re-examined the
application for admission to the FLENI Institute and ruled against it. Previously, the
Federal Criminal Court had arranged for a visit with the author and an inspection of his
living arrangements at the prison hospital, including the bathroom and the areas reserved
for physiotherapy, which it found to be clean and well maintained.
6.2
The Federal Criminal Court took note of the medical information provided by the
Department of Forensic Medicine, which indicated that it was unnecessary to adopt further
GE.14-05593
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