ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 15, 2011
PROVISIONAL MEASURES WITH REGARD TO VENEZUELA
MATTER OF THE CIUDAD BOLÍVAR JUDICIAL DETENTION CENTER
“VISTA HERMOSA PRISON”
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) of March 25, 2011 and attachments,
whereby it submitted to the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) a request for provisional measures pursuant to Article
63(2) of the American Convention on Human Rights (hereinafter “the American Convention”
or “the Convention”) and Article 27 of the Rules of Procedure of the Court (hereinafter “the
Rules of Procedure”) for the Bolivarian Republic of Venezuela (hereinafter “the State” or
“Venezuela”) to protect the life and right to physical integrity of those deprived of liberty
and all others in the Ciudad Bolívar Judicial Detention Center, also known as the Vista
Hermosa Prison (hereinafter “Ciudad Bolívar Judicial Detention Center” or “Vista Hermosa
Prison”).
2.
The alleged facts upon which the Commission’s request for provisional measures is
based, namely:
(a)
The Vista Hermosa Prison is located in the Vista Hermosa sector of Ciudad
Bolívar, Bolívar State, and can receive up to 310 detainees. According to information
provided by the Commission, the current population is approximately 930 inmates;
(b)
The situation in the Vista Hermosa Prison is characterized by “the permanent
struggle between internal gangs who compete for control of the prison through the
use and control of weapons,” in addition to “critical overcrowding”;
(c)
Over the past three years, the number of violent events in the Vista Hermosa
Prison has increased: in 2009 alone, 17 people died, 8 of whom from gunshot
wounds during a violent confrontation in August 2009;
(d)
On October 31, 2010, there was a riot in the prison, “as the result of a
confrontation between the inmates involving firearms and sharp instruments,” which
left five inmates dead and 20 injured. Furthermore, since September 2010, inmates
and their next of kin have engaged in numerous protests and hunger strikes;
(e)
Among the conditions responsible for the inmates’ deaths and an environment
of extreme violence inside the prison, the Commission referred to “the lack of
effective control of the prison,” and also “the trafficking of weapons, which the State
has been unable to control sustainably and effectively” together with the “‘critical