86
g)
the State’s acknowledgement of the alleged victims named in the
Court’s order of June 21, 2002, is a contradiction and a “juridical aberration,”
since the failure to adopt adequate measures of protection (legislative,
administrative and judicial) affected everyone who was at the Center at the
time of the events in question; in other words, it affected the deceased and
injured inmates and all the other inmates as well; and
h)
the State failed to cultivate policies that took into account the fact that
some of the children were particularly deprived, both economically and
socially.
139. As for the violation of Article 4 of the American Convention in relation to
Article 1(1) thereof, the representatives argued that:
a)
the State is responsible for the deprivation of the right to life of the
twelve inmates who died;
b)
a State does not fulfill its obligation to protect the right to life merely
by refraining from depriving persons of their life arbitrarily; instead the
protection of the right to life requires a more pro-active attitude on the
State’s part, especially when the persons deprived of liberty are children. The
State has an obligation to guarantee the life of any persons under detention.
Therefore, once it has been shown that the alleged victim died in custody, it is
up to the State to prove that it had absolutely nothing to do with the cause of
death;
c)
overcrowding, caused in part by the excessive use of preventive
detention, breeds violence and aggressiveness;
d)
the prison conditions that the State allowed to persist at the Center
were totally at odds with instruments for the protection of children’s rights;
the State did not take measures to prevent and avoid fires, such as installing
a smoke alarm system, fire extinguishers and emergency exits;
e)
the Center did not have proper equipment and its staff was neither
sufficient in number nor properly trained;
f)
the State ignored the repeated requests from national and
international institutions asking it to establish detention conditions
commensurate with the children’s human dignity;
g)
the violent riots were preventable; and
h)
the State is responsible for the deaths of the two adolescents who
were transferred to the adult prison at Emboscada, as these young people
were in the custody of the State. If the State did not have a proper place to
house the children, it should have either ordered in-home detention or
released the children, especially inasmuch as the majority of the children
were in preventive detention.
140. Concerning the violation of Article 5 of the American Convention in relation to
Article 1(1) thereof, the representatives alleged that:
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