CRPD/C/11/D/8/2012
and were in working order, that a door to the recreation yard had been specially fitted to
accommodate the author and that a functioning call button existed to summon a nurse, with
nursing staff being on duty around the clock.
8.5
The Committee recalls that, under article 14, paragraph 2, of the Convention,
persons with disabilities deprived of their liberty have the right to be treated in compliance
with the objectives and principles of the Convention, including by provision of reasonable
accommodation. It further recalls that accessibility is a general principle of the Convention
and, as such, also applies to situations in which persons with disabilities are deprived of
their liberty. The State party is under an obligation to ensure that prisons afford
accessibility to all persons with disabilities who are deprived of their liberty. Accordingly,
States parties must take all relevant measures, including the identification and removal of
obstacles and barriers to access, so that persons with disabilities who are deprived of their
liberty may live independently and participate fully in all aspects of daily life in their place
of detention; such measures include ensuring their access, on an equal basis with others, to
the various areas and services, such as bathrooms, yards, libraries, study areas, workshops
and medical, psychological, social and legal services. In the case under review, the
Committee acknowledges the accommodations made by the State party in order to remove
the barriers that impeded the author’s access to areas within the physical environment of the
prison. However, the Committee considers that the State party has not irrefutably
demonstrated that the accommodations made in the prison complex are sufficient to ensure
the author’s independent (insofar as possible) access to the bathroom and shower,
recreation yard and nursing service. The Committee observes in this connection that the
State party has not asserted that there are any obstacles that would prevent it from taking
the necessary measures to facilitate the author’s mobility or denied the author’s allegations
that architectural barriers to accessibility persist. Consequently, the Committee considers
that, in the absence of sufficient explanations, the State party has failed to fulfil its
obligations under article 9, paragraphs 1 (a) and (b), and article 14, paragraph 2, of the
Convention.
8.6
Having reached the above conclusion, and given the circumstances of the case, the
Committee considers that, in the light of the lack of accessibility and a sufficient degree of
reasonable accommodation, the author has been placed in substandard conditions of
detention that are incompatible with the right set forth in article 17 of the Convention.
8.7
The Committee recalls that the failure to adopt relevant measures and to provide
sufficient reasonable accommodation when they are required by persons with disabilities
who have been deprived of their liberty may constitute a breach of article 15, paragraph 2,
of the Convention. In the present case, however, the Committee does not consider that it
has sufficient evidence before it to conclude that there has been a violation of article 15,
paragraph 2, of the Convention.
Health care and rehabilitation treatment
8.8
The Committee takes note of the author’s allegations that he has not undergone
suitable or timely rehabilitation treatment since his arrival at the Ezeiza Prison and that the
prison complex lacks the infrastructure, equipment and staff required to provide such
treatment. The Committee further notes the State party’s observations that, in coordination
with OSDE, arrangements can be made for the provision of outpatient rehabilitation therapy
at the Ezeiza Prison and at nearby health-care centres outside the prison; that the author has
refused to undergo rehabilitation therapy on a number of occasions; and that his
applications for the authorization of house arrest or detention in hospital have been duly
considered by the judicial authorities, who ordered the Federal Criminal Court to take the
necessary steps to protect the author’s health and integrity.
GE.14-05593
15
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