97
176. In light of the brief answering the application, where the State admitted
responsibility “with regard to the detention conditions incompatible with human
dignity” and the other facts established in this chapter, the Court can conclude that
the State did not effectively fulfill its role as guarantor of the rights of the child, in
this special relationship of subordination between the State and the adult/child
deprived of liberty. The State failed to take the necessary positive measures to
ensure to all inmates decent living conditions. It also failed to take the special
measures of protection that are required of it where children are concerned.
Furthermore, it was the State that allowed its agents to threaten, infringe, violate or
restrict nonderogable rights that may not be violated or restricted under any
circumstances or in any way, by exposing all the inmates at the Center to cruel,
inhuman and degrading treatment and to unfit living conditions that were prejudicial
to their right to life, their growth and development and their life plans. By its
failings, the State violated Articles 4(1), 5(1), 5(2) and 5(6) of the American
Convention, in relation to Article 1(1) thereof and, in the case of the children, Article
19 of the Convention as well. These violations were committed to the detriment of
all inmates at the Institute in the period from August 14, 1996 to July 25, 2001,
whose names appear on the list submitted by the Commission on November 19,
2002 (supra para. 36), which is attached to the present Judgment.
*
*
*
177. While the State failed to create the conditions and to take the measures
necessary for the inmates at the Center to live in dignity and build a decent life while
deprived of their liberty and failed to fulfill the added obligations it has vis-à-vis
children, it also kept the Center in conditions that invited fire; those conditions also
meant that when the fires inevitably happened, they had terrible consequences for
the inmates. And it neglected those conditions despite repeated warnings and
recommendations from international and nongovernmental organizations about the
danger that conditions at the Center posed. As a result of these fires, the following
inmates perished: Elvio Epifanio Acosta Ocampos, Marco Antonio Jiménez, Diego
Walter Valdez, Sergio Daniel Vega Figueredo, Sergio David Poletti Domínguez, Mario
del Pilar Álvarez Pérez, Juan Alcides Román Barrios, Antonio Damián Escobar
Morinigo and Carlos Raúl de la Cruz (supra para. 134.29).
178. From the facts proven in the instant case (supra para. 134.32), it has been
shown that the State did not take sufficient preventive measures to respond to the
possibility of a fire at the Center. Because the facility was not originally planned to
serve as a Reeducation Institute, none of the safety, evacuation-related and
emergency measures needed for an event of this kind were taken. For example, the
Center was not equipped with either fire alarms or fire extinguishers and guards
were not trained to respond to emergencies. The Court has previously held that in
its role as guarantor, the State has an obligation “to design and apply a crisisprevention prison policy,”173 the kind of crisis that could threaten the fundamental
rights of inmates in the State’s care and custody.
179. In view of the foregoing, the Court concludes that the State’s failure to
prevent resulted in the death of a number of inmates. If not for all inmates, the
tragedy was particularly traumatic and painful for many of them, as the loss of life
was caused by asphyxiation or burns, prolonging their suffering for a number of
days. This is gross negligence on the State’s part, by virtue of which it is responsible
173
Matter of Urso Branco Prison, supra note 54, thirteenth paragraph under ‘Considering’.
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