19
protested by setting fire to some mattresses. The fire spread quickly. The cellblock
doors were locked and the guards were unable to find the key. The smoke and the
high temperature began to suffocate the inmates. Despite their screams of pain and
desperation, the inmates did not get immediate help, since the guards had not even
called the firefighters. Some inmates fainted and collapsed. The inmates continued
to scream, begging for help, while some bodies burned. One of the young people
said that the smell of burned flesh mixed with the smoke and heat was unbearable.
Some inmates managed to get out through a small opening they made in the roof.
Once they had escaped the flames, they were taken to the hospital in ambulances.
For the young people who were incarcerated at the Center to be able to easily readapt to life in society, they would have to live, from the outset, in a safe place,
where they are treated humanely and with affection; they also need to spend a
reasonable period of time in psychological and affective recuperation – in other
words, healing the affective and emotional wounds they suffered – and they have to
feel useful to restore their self-esteem. In short, they need an environment where
they can re-adapt in every positive sense. This environment might be an institution
that concerns itself with problems of this type, where the young people can study to
have a solid base and learn some activity they can perform that reinforces a sense of
dignity and gets them back into mainstream society.
The young people must also have psychotherapy, to enable them to reflect upon
their lives and then build a new and different life project. Finally, to provide for
these pressing needs and enable these young people to rejoin society, the State
must ensure them a pension as reparations, as they have hopes of being able to get
international assistance.
70.
On March 31, 2004, in response to the President’s March 2, 2004 order (supra
para. 42),34 the representatives sent the affidavits given by witnesses Dirma
Monserrat Peña, Clemente Luis Escobar González, Arsenio Joel Barrios Báez, Hugo
Antonio Vera Quintana, Jorge Daniel Toledo and María Teresa de Jesús Pérez, all
sworn in the presence of a person authorized by law to authenticate documents and
statements (supra para. 44). The following is a summary of the pertinent parts of
those affidavits:
a)
Testimony of Dirma Monserrat Peña, elder sister of Pedro Iván Peña,
a former inmate at the Center
The witness’ brother was taken away on December 31, 1999, but his family was
never advised. In order to get word to them, Pedro Iván Peña lied to the police and
told them that he had a stolen object stashed in his house. That way, the police
came to his house looking for the supposedly stolen object. That was how his family
learned that he was at Police Station 12. The witness went to the police station, but
they denied that his brother was there. She had to turn to a community radio
station to ask for help. A journalist called her and confirmed that her brother was at
that police station. Her brother told him that they had tortured him badly and, in
fact, he had “sign[s] of torture” and “scratches everywhere”. The witness wanted
her brother to be examined by a physician at the police station, but the police didn’t
want to have it done.
34
Cf. file of written statements supplied by the State, the Inter-American Commission and the
alleged victims’ representatives, volume I, folios 221-263.