IACHR Grants Precautionary Measures in Favor of J.C.Z.R., a Person with Disabilities Who Is Deprived of Liberty in Argentina

November 21, 2023

Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) issued Resolution 68/2023 on November 20, 2023, to grant precautionary measures in favor of J.C.Z.R. in Argentina. The Commission believes that J.C.Z.R., who is currently deprived of liberty, faces a risk of suffering harm to his rights to life, health, and humane treatment.

According to the party who requested these precautionary measures, J.C.Z.R. is a person with disabilities. He suffered a stroke that led him to have seizures that are followed by unconsciousness, and he requires rehabilitation, neurological medication, and other tools to address his seizures. He needs to use a wheelchair and also requires the support of others for everyday activities. At the moment, however, he is reportedly not getting appropriate and timely medical care.

The party who requested these precautionary measures alleged that outpatient care has been inconsistent, that the provision of medication has been cut off, and that some medical examinations have been pending since 2022, including an EEG, an MRI scan, and a video swallow study (the latter necessary to prevent bronchoaspiration that may cause death). The beneficiary is allegedly being held in an in-patient medical facility within a prison, in inadequate conditions of detention (especially given his health condition and his disabilities). The State reported on the measures that had been taken in the attempt to secure a safe placement for the beneficiary, that have so far not been successful. Judicial authorities have been assessing the situation of J.C.Z.R. and have recommended that he be placed somewhere where his seizures can be kept in check. The State reported that the beneficiary is currently stable and is receiving medical care at the prison facility where he is being held, and also that further medical examinations have already been scheduled.

The Commission noted the measures taken by the State but highlighted the State's special responsibility for individuals who are deprived of liberty. Based on the information that was provided by both parties, the IACHR noted that the beneficiary still lacks access to timely medical care and that he needs to undergo tests to ensure that he is taken to a facility that can provide the conditions he requires. These examinations must take into consideration, among other aspects, how his health problems have changed over time, his need for additional tests, and his current conditions of detention, especially since J.C.Z.R. continues to have frequent seizures.

Therefore, in keeping with Article 25 of its Rules of Procedure, the Commission asked the State of Argentina to take the following action:

1. Adopt any measures necessary to protect the rights to life, humane treatment, and health of J.C.Z.R. (particularly by providing him with adequate and timely medical care and ensuring that his conditions of detention comply with the applicable international standards and reflect his care needs and any further requirements linked to his disability)
2. Come to an agreement with the beneficiary and his representatives concerning any measures that need to be taken
3. Report on any actions adopted to investigate the alleged events that gave rise to the adoption of these precautionary measures, in order to prevent such events from happening again in the future

The fact that these precautionary measures have been granted and their adoption by the State of Argentina do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 272/23

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