9
self-flagellation (supra having seen paragraph 8(g)). The overcrowding in this prison is also
significant as the number of inmates is more than twice the center’s capacity (supra having
seen paragraphs 2(a) and 7(e)(i)).
12.
The State underscored its actions since 1999, “faced with a structural prison
problem, product of more than two decades of non-existent prison policies that have left a
significant mark on structural prison conditions today, which has been taken up as a
challenge when formulating humanitarian policies, with the sole aim of treating those
deprived of liberty decently.” In addition, the State provided information on specific
measures for this prison and, in particular, on the creation of a working group (supra having
seen paragraph 7(f)).
13.
Although the Court assesses positively the measures taken by the State (supra
having seen paragraph 7(a)) in this matter, specific acts have occurred that have
jeopardized the life and physical integrity of the persons deprived of liberty, while the only
relevant measure that the State has adopted was, reportedly, a working meeting held on
April 7, 2011, to gain a direct understanding of the problems at the prison (supra having
seen paragraph 7(f)). The State has not submitted the minutes of the meeting or advised of
any results, or of the measures agreed or to be adopted to address the violence and
overcrowding, and the climate of instability and conflict within the facility. Furthermore, the
Court observes that the so-called “blood strike” was staged after the above-mentioned
measures were taken by the State.
14.
Consequently, to date, the measures taken by the State do not appear to be
sufficient or effective to protect the life and physical integrity of this prison community.
Thus, the irreparable nature of the situation of extremely grave and urgent danger is
evident in relation to the rights to life and physical integrity that the Court has the
obligation to protect when the requirements established by Article 63(2) of the American
Convention are met.
15.
Consequently, the Court considers it necessary to protect these individuals through
the State’s immediate adoption of provisional measures in light of the provisions of the
American Convention, in order to prevent efficiently and definitively the violence, loss of
life, and harm to the physical, mental and moral integrity of those deprived of liberty in the
facility, and of any other persons therein.
16.
It is also appropriate to recall that Article 1(1) of the Convention establishes the
general obligations of States Parties to respect the rights and freedoms enshrined therein
and to guarantee their free and full exercise to all persons subject to their jurisdiction.
These obligations are essential not only in relation to the power of the State, but also with
regard to the actions of third parties. This Court has considered that the State occupies a
special position as guarantor in relation to those deprived of liberty because prison
authorities exercise total control over them. The Court has also indicated that, irrespective
of the existence of specific provisional measures, the State is especially obliged to
guarantee the rights of those deprived of liberty;8 this includes adopting measures that
promote a climate of respect for the human rights of the inmates amongst themselves,
preventing the presence of weapons controlled by inmates in the prison, reducing
overcrowding, improving detention conditions, and providing enough trained personnel to
ensure adequate and effective control, custody, and supervision inside the detention center.
8
Cf. Matter of the Capital Detention Center El Rodeo I and El Rodeo II., supra note 4, eleventh considering
clause; Matter of the Socio-educational Detention Unit, supra note 3, fourteenth considering clause, and Matter of
the Aragua Detention Center “Tocorón Prison”, supra note 2, twelfth considering clause.