-3- k) the Presidential Commission carried out a census to assess the legal situation of inmates and foster an improvement in the overcrowding of correctional facilities and the reduction of procedural delays. 3. The legal arguments raised by the Commission in support of its request for provisional measures, as part of which it stated that: a) the facts therein described are sufficiently serious to warrant the Court’s urgent intervention to safeguard the life and integrity of the beneficiaries of this request; b) the measures tried domestically (supra Having Seen clauses No. 2(i), 2(j) and 2(k)) have proven to be ineffective in safeguarding the life of the inmates and deterring new acts of violence at the Yare Prison; c) the urgency required by Article 63(2) of the American Convention in order that the Court may order provisional measures has been proven in the instant case by the deaths of scores of inmates and the serious injuries inflicted upon nearly as many between January 2005 and March 2006. These facts evidence a grave situation of imminent danger given the deficient security conditions of the facility and the high rates of violence amongst inmates and by the guards towards the inmates, and calls for the urgent intervention of the Court to prevent irreparable damage; d) the measures required to be taken in the instant case cannot be deferred until the implementation of medium- or long-term plans, since the situation is already critical and should be remedied through immediate action; e) the deaths of and injuries sustained by several inmates at the Yare Prison evidence the State’s negligence in carrying out its duties of care. This lack of due diligence creates a risk of irreparable harm to the lives of the beneficiaries, since it fosters the recurrence of violent situations such as those described above and aggravates the atmosphere of tension and violence among inmates; f) the constant acts of violence, as well as the ever-present lack of security and control, show that the Venezuelan State has failed to fully comply with its obligation to prevent the attacks on the life and integrity of the Yare Prison inmates, and that it has not adopted the basic security measures to prevent new violent incidents from taking place at the aforementioned facility; g) given the situation of extreme gravity and urgency, and the need to avoid irreparable damage to persons, the fact that the beneficiaries are “identifiable” is enough to grant the measures of protection under consideration. In the instant case, the beneficiaries of the protection sought are the inmates of the Yare I and Yare II Capital Region Penitentiary Center, who are in a situation of grave danger and vulnerability, as well as said facility’s future inmates; h) any measures to be adopted should include measures favoring an atmosphere of respect for the inmates’ human rights among the inmates themselves, specifically the separation of inmates based on inmate