Suivre des résolutions de mesures de précaution

Résolution No. 13/25( EXTENSION ET SUIVI )
MC 1581-18 - Jorge David Glas Espinel, Equateur

On February 10, 2025, the IACHR adopted Follow-up and Extension Resolution 13/2025 in relation to the situation of Jorge Glas in Ecuador. After carrying out a follow-up visit to the beneficiary's situation in November 2024 in Ecuador, the IACHR considered that Jorge Glas's risk continues, after his detention in April 2024. It warned that his mental health is going through a state of special gravity, despite the medical care provided by the State in 2024, and that both his detention conditions and the events of violence that have occurred in the prison where he is currently, in addition to the detention conditions, are allegedly impacting the deterioration of the mental health of the beneficiary, and could impact his physical integrity. Having analyzed the submissions of fact and law, in accordance with Article 25 of its Rules of Procedure, the Commission concluded that the situation of Mr. Jorge David Glas Espinel in Ecuador remains in force and decided:

  1. Continue to follow up on the situation of Jorge David Glas Espinel.
  2. In light of the assessments made in this resolution, extend the scope of the precautionary measures in force to include the beneficiary's right to health. Consequently, the State of Ecuador is requested to adopt the necessary measures to protect the rights to life, personal integrity, and health of Jorge David Glas Espinel. In particular, assessing and implementing those most appropriate to his personal circumstances, and that allow for the creation of conditions that ensure and respect his rights, and compliance with the extension of the precautionary measure. This must include, at least, that the State:
    1. To maintain the continuous operation of the independent Technical Table that will have the following functions: 1. to be an instance of dialogue that allows reaching scientific medical consensus in case of discrepancies; and 2. to resolve any medical discrepancies that may arise between the trusted doctors of the beneficiary of the precautionary measure and the doctors in charge of the treatment of Mr. Jorge David Glas Espinel.
    2. In light of the available medical documentation, to carry out a complete medical evaluation immediately in a hospital center, and to draw up a protocol that, without endangering the life or personal integrity of the beneficiary, establishes the appropriate protocol for admission and discharge to a hospital center each time it is necessary to carry out hospital treatment that cannot be provided in the detention center or to attend a physical or mental health emergency of Mr. Jorge David Glas Espinel.
  3. Following the medical evaluation and the recommended treatment, the State must act with absolute diligence and take into account the scientific evaluations of the Technical Table and ensure that the conditions of detention, whether they occur in a detention center or in a hospital center if the beneficiary is receiving hospital treatment, must be compatible with the applicable international standards in the matter, including:
    1. Mr. Jorge David Glas Espinel is immediately transferred to a detention center other than the Guayas No. 3 Detention Center (CPL).
    2. That the new detention center has at least the following characteristics and conditions of detention:
      • An adapted cell without objects that can be used for self-injury.
      • Illuminated, ventilated, clean and not overcrowded spaces, with access to basic services.
      • Trained personnel with specialized training in mental health, suicide risk detection and psychological first aid.
      • Avoid conditions of extreme isolation, allowing safe social interactions.
      • Access to support networks, family visits, contact with lawyers and religious assistance if desired. All in private spaces.
      • Allow for the access to independent monitoring mechanisms and accredited and specialized external institutional organizations to monitor detention conditions.
      • Keep logs of the actions taken for the protection of the beneficiary, which are accessible and transparent.
      • Ensure clear intervention protocols to respond to emergencies in situations presenting a risk to the life and integrity, and care for people with suicidal intentions and/or attempts.
      • Ensure the timely and regular flow of medical information from the beneficiary and visits and participation of the beneficiary's trusted doctors.
      • Guarantee specific treatments for Mr. Jorge David Glas Espinel including therapies and medication. In case of discrepancy of opinion on the part of the beneficiary's trusted physicians, such discrepancies shall be known and resolved by the Independent Technical Table.
      • Access to the care of psychologists, psychiatrists and social workers who must be available in order to be able to comply with the medical treatment prescribed.
      • Constant monitoring through uninterrupted supervision by trained personnel, which must be documented in a transparent recording mechanism.
  4. Consult and agree upon the measures to be adopted with the beneficiary and his representatives, in accordance with the assessments and scope delimited in this resolution. In particular, strengthen the existing internal consultation mechanisms, taking into account the assessments and scope delimited in this resolution; and
  5. Report on the actions taken to investigate the facts that gave rise to the adoption and continuity of this precautionary measure, so as to prevent such events from reoccurring. In particular, send the IACHR periodic information on the status of the investigation into the claims of ill-treatment and torture made in the context of this matter.

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