Resolution No. 28 IACHR. Precautionary Measure No. 440/16 (Trinidad y Tobago), 04-08-2017

• Court: Inter-American Comission of Human Rights
• Case Outcome: Granted
• Resolution Number: 28
• Date: 04 August 2017
• Respondent State: Trinidad & Tobago
• Case Type: Precautionary Measures

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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 28/2017

Precautionary measure N°440-16

Z.S. regarding T. and Tobago

August 4, 2017

I. INTRODUCTION

1. On J.3., 2016, the Inter-American C.n on Human Rights (hereinafter “the Inter-

American C.n,” “the C.n” or “the IACHR”) received a request for precautionary

measures submitted in favor of Mr. Z.er S. (hereinafter “the proposed beneficiary”), urging

the IACHR to request the S.te of Trinidad and Tobago (hereinafter “Trinidad and Tobago” or “the

S.te”) to adopt the necessary measures to safeguard his life and personal integrity due to the situation

of risk which he would face due to h is medical condition and the existing threat of being admitted to the

“St. Ann Psychiatric Asylum,” which could aggravate his medical condition .

2. The applicant submitted additional information on J.7., 8, 13, 15, 17, 19 and 20, 2016. On

August 18, 2016, the IACHR requested information from the S.te of T. and Tobago regarding the

alleged situation of risk. On September 16, 2016, the S. requested a 30-day extension. On October 3,

2016, the C.n granted an extension for 15 days. A., the applicant submitted additional

information on August 20, 21, 22, 23, 25, 29 and 31; on September 2, 6, 12, 13, 16, 19, 21, 23, 25, 28, 29

and 30; and October 2, 4, 7, 8, 13, 18, 24 and 27, 2016. D. 2017, the applicant submitted additional

information on January 9 and 27; March 16 and 28; A. 11 and 24; and May 23. On June 8, 2017, the

IACHR reiterated its request for information to the S.. The applicant submitted additional

information on J. 13, 15 and 19; and on July 7 an d 15, 2017. To the date of the present resolution, the

S. has not sent its response to the IACHR’s requests for information.

3. H. analyzed the allegations of fact and law, the C.n considers that the submitted

information demonstrates prima facie that the rights to life and personal integrity of the proposed

beneficiary are subject to a serious and urgent risk of irreparable damage. C., the

C.n requests the S. of T. and Tobago to: a) adopt the necessary measur es to protect

the life and personal integrity of the proposed beneficiary, taking into consideration the characteristics

of his medical condition and his condition as a person with disability. In particular, by means of the

adoption of immediate measures which would allow him to receive adequate medical treatment in

accordance with the applicable international standards, including specialized medical care which

provides the necessary diagnosis and medications, as well as required therapies, in conditions of

affordability and accessibility; b) consult the measures to be adopted with the proposed beneficiary to

ensure his agreement; and c) inform on the actions adopted to investigate the alleged lack of access to

medical care which gave rise to the adoption of the present precautionary measure, so as to avoid its

repetition.

II. SUMMARY OF FACTS AND LEGAL ARGUMENTS SUBMITTED DURING THE PROCEEDING

1. Information submitted by the applicant