CRPD/C/11/D/8/2012
14, paragraph 2; 15, paragraph 2; 17; 25; and 26 of the Convention and that they have been
sufficiently substantiated to be found admissible. Accordingly, and in the absence of other
obstacles to a finding of admissibility, the Committee declares the communication partially
admissible and proceeds to its consideration on the merits.
Consideration of the merits
8.1
The Committee on the Rights of Persons with Disabilities has considered this
communication in the light of all the information that it has received, in accordance with
article 5 of the Optional Protocol and rule 73, paragraph 1, of the Committee’s rules of
procedure.
8.2
The Committee takes note of the author’s complaint that he has been discriminated
against by the authorities because they failed to take his disability and state of health into
consideration when placing him in the central prison hospital of the Ezeiza Federal
Penitentiary Complex and to make the reasonable accommodations required for his
personal safety. This led to the interruption of the rehabilitation prescribed by his attending
physicians and the violation of his right to the highest attainable standard of health without
discrimination as well as of his right to attain maximum independence and full ability. In
addition, the author claims that the authorities arbitrarily dismissed his allegations
regarding the risk to his health posed by travel between the Ezeiza Prison and the
rehabilitation hospital; that the prison infrastructure is substandard and unsuited to persons
with his disability; and that the adjustments made by the prison authorities in his place of
detention are not sufficient to prevent continued irreparable harm to his physical and mental
health.
8.3
Information provided to the Committee indicates that the author underwent spinal
surgery and that, during the surgery, a plate was inserted at the cervical level incorrectly.
He also suffered a stroke with serious consequences, which left him with left homonymous
hemianopsia, a sensory balance disorder, cognitive impairment and dysfunctional
visuospatial orientation. As a result, the author requires rehabilitation in the form of
physical, neurological, cognitive, visual and occupational therapy. On 7 April 2010, the
FLENI Institute informed the Federal Criminal Court that the author was fit to continue
day-patient rehabilitation, and on 6 August 2010, the Federal Court ordered his
incarceration, initially at Buenos Aires Federal Penitentiary Complex then, on 26 May
2011, at the Ezeiza Prison, where he remains.
Conditions at the place of detention
8.4
The Committee takes note, on the one hand, of the author’s claims that his cell at the
Ezeiza Prison is unsuitable for a person with disabilities. The accommodations made by the
prison authorities are insufficient because the bathroom is too small to enter using a
wheelchair, the partially adapted plastic chair in the bathroom does not meet basic safety
standards, and he cannot get to the toilet or shower on his own and therefore depends on
help from a nurse or other person. Although a call button was installed, it often takes some
time before someone responds. He has developed bedsores on a number of occasions owing
to the lack of a special mattress to prevent them, and his range of movement is extremely
limited. He can only attend to his basic needs using bedpans or other such devices, and the
lack of assistance from others means that he cannot clean himself on a daily basis. The
absence of suitable infrastructure for persons with disabilities and the substandard
conditions of detention constitute both an affront to his dignity and inhuman treatment. On
the other hand, the Committee takes note of the State party’s observation that the authorities
made the necessary modifications to remove the step that had hindered access to the
bathroom and shower. Furthermore, the judicial authorities and officials of the Gendarmería
Nacional and the Public Legal Service toured the site and ascertained that elevators existed
14
GE.14-05593
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