CRPD/C/11/D/8/2012
Annex
Views of the Committee on the Rights of Persons with
Disabilities under article 5 of the Optional Protocol to the
Convention on the Rights of Persons with Disabilities
(eleventh session)
Communication No. 8/2012
Submitted by:
Mr. X (represented by counsel, Valeria G.
Corbacho)
Alleged victim:
The author
State party:
Argentina
Date of communication:
22 June 2012 (initial submission)
The Committee on the Rights of Persons with Disabilities, established under article
34 of the Convention on the Rights of Persons with Disabilities,
Meeting on 11 April 2014,
Having concluded its consideration of communication No. 8/2012, submitted to the
Committee by Mr. X under the Optional Protocol to the Convention on the Rights of
Persons with Disabilities,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:
Views under article 5 of the Optional Protocol
1.1
The author of the communication is Mr. X, an Argentine national, born on 26
November 1952. The author claims to be the victim of violations by Argentina of articles 9;
10; 13; 14, paragraph 2; 15, paragraph 2; 17; 25; and 26 of the Convention. The author is
represented by counsel, Ms. Valeria G. Corbacho. The Optional Protocol to the Convention
entered into force for the State party on 2 October 2008.
1.2
On 4 February 2013, the Special Rapporteur on new communications, acting on
behalf of the Committee, requested that, while the Committee was considering the
communication, the State party, pursuant to article 64 of the Committee’s rules of
procedure, consider taking steps to provide the care, treatment and rehabilitation that the
author required because of his state of health. On 31 July 2013, the State party informed the
Committee of the steps taken in response to the Committee’s request for temporary
measures.
The facts as submitted by the author
2.1
The author was held in pretrial detention at the Marco Paz Federal Prison Complex
II in connection with a criminal trial against him before the Federal Criminal Court No. 1 in
San Martin. With the authorization of the Court, he underwent spinal surgery on 27 January
2010 to replace a cervical disc, which had been removed in 1999 following a traffic
2
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