CAT/C/55/D/500/2012
effectiveness, that the experts of the Attorney-General’s Office lacked the
independence and skill to investigate allegations of torture in accor dance with the
Istanbul Protocol and that the Attorney-General’s Office was insufficiently
independent to conduct a thorough and impartial investigation of acts of torture. 9
11.3 The complainants request interim protection measures for Ramiro López in orde r
to ensure due respect for his physical safety and health, and to prevent irreparable
harm. They submit that, despite what has been alleged by the State party, the prison
authorities failed to provide him with proper medical care. On 25 April 2013, Ramiro
López awoke to find a significant amount of blood on his pillow. A prison warden who
saw his bloodied face called for medical assistance. The doctor arrived three hours
later and prescribed antibiotics and antihistamines, and assured him that he would be
seen by an ear, nose and throat specialist. However, he never received such specialist
treatment. On 18 June 2013, his mother submitted a complaint to the National Human
Rights Commission for failure to provide medical care. On 3 August 2013, an ear,
nose and throat specialist examined Ramiro López and diagnosed the loss of his left
eardrum and the imminent loss of the right one, which urgently required microsurgery.
However, despite repeated requests by Mr. López, the prison authorities said that they
had neither the specialists nor the necessary equipment to conduct the operation and
that it was not possible for a specialist from a public hospital to attend the detention
centre. The complainants maintain that the serious hearing difficulties experienced by
Mr. López are closely related to the facts before the Committee. In order to avoid
irreversible damage, they call for the adoption of urgent interim measures to ensure
that Ramiro López receives the medical treatment prescribed by the ear, nose and
throat specialist.
Request for interim measures by the Committee
12. On 14 October 2013, the Committee requested that the State party should adopt
interim measures to provide the appropriate specialized medical care and support
required by Mr. Ramiro López for the injuries to his ears.
13. On 21 February 2014, the State party reported that Ramiro López had been
prescribed medication and had been examined by general practitioners in the detention
centre, and that his state of health was stable. It maintains t hat there is no grave or
urgent situation or any risk of irreparable damage requiring the adoption of interim
measures given the ongoing monitoring of the complainant ’s health problems, and
therefore urges the Committee to dismiss the request.
14.1 On 4 April 2014, the complainants informed the Committee that the medical care
provided to Ramiro López — which followed the request for interim measures by the
Committee — was inadequate and consisted of the administration of antibiotics and
antihistamines by general practitioners, despite the diagnosis ordering specialist
emergency surgery. They reiterate the valid grounds for interim measures and add that
the conditions of detention at the centre, in particular the lack of safe drinking water
and the poor quality of food provided, have further exacerbated the plight of Mr.
López.
14.2 The complainants reiterate that criminal investigations are still under way, five
years after they were reopened. The complainants have also provided updated
information on the number of criminal proceedings for torture in order to demonstrate
the impunity that prevails. 10
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9
10
14/19
The complainants noted that all 80 investigations conducted so far by the Attorney -General’s Office
based on the Istanbul Protocol have resulted in negative outcomes.
Between January 2001 and June 2012, the Attorney-General’s Office launched 39 preliminary
inquiries into torture, none of which resulted in prosecution.
GE.15-17782