14
66.
The Inter-American Commission provided documentary evidence when it filed
the brief that accompanied its application (supra 2 and 28).30
67.
The representatives supplied documentary evidence when they filed their
written brief of pleadings and motions (supra para. 35).31
68.
The State provided documentary evidence when it filed its brief answering the
complaint and comments on the brief of pleadings and motions (supra para. 38).32
69.
The Commission submitted sworn affidavits by witnesses Francisco Ramón
Adorno, Osmar López Verón, Raúl Guillermo Ramírez Bogado and Jorge Bogarín
González, and the expert opinion of Carlos Arestivo, all given in the presence of a
person authorized by law to authenticate documents and statements (supra para.
46), in response to the President’s instruction in the Order of March 2, 2004 (supra
para. 42).33 What follows is the Court’s summary of the statements submitted.
a)
Testimony of Francisco Ramón Adorno, former inmate at the Center
The witness was incarcerated in the Center, where a record was kept with the
particulars on every inmate there. Before being moved to the Center, the witness
went through the Public Prosecutor’s Office, as an order for his detention had been
issued. Inmates at the Center were segregated according to those who had criminal
records and those who did not; inmates were not segregated by age, by reason for
detention, or by convicted inmates as opposed to inmates awaiting or standing trial.
The facility out of which the Center operated was inadequate, as it did not provide
sufficient space. There were no individual cells; instead, the facility had cellblocks
measuring approximately 5 by 12 meters. Each cellblock housed nearly 30 people.
Those inmates who slept on beds, slept two to a bed. Those who didn’t have beds
slept on uncovered mattresses. The relatives provided them with sheets and pillows.
As there was no janitorial staff, the cells and the outside areas were clean only if the
inmates cleaned them; any cleaning had to be done with water, since inmates were
not supplied with cleaning agents and materials. The air at the Center was polluted
and the cellblocks had a foul odor. The lavatories with latrines had no doors and
were located inside the cellblock. Only one shower was open for the 30 inmates,
who therefore had to bathe by turns. The State did not supply the inmates with the
personal hygiene items needed for good health and cleanliness. They were not given
clothing and had to wash what clothing they had. There was a ceiling light in the
middle of the cellblock, and two rather small windows with bars.
The food was very poor while he was in the Center. It was always “beans,” which at
times were infested with worms. The inmates themselves had to take turns cooking.
30
Cf. file of appendixes to the application, volumes I a III, appendixes 1 a 57, folios 1 a 1022.
31
Cf. file of appendixes to the written brief of pleadings and motions, volumes I and II, appendixes
1 a 48, folios 1-459.
32
Cf. file of appendixes to the brief of preliminary objections, answer to the application and
observations on the pleadings and motions, volumes I a IV, appendixes 1 a 42, folios 1-1621.
33
Cf. file of written statements supplied by the State, the Inter-American Commission and the
alleged victims’ representatives, volume I, folios 117-220.