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categories, measures intended to prevent the existence of weapons inside the
premises, and an improvement in the conditions of confinement.
Furthermore, the State should design and enforce a correctional policy for the
prevention of critical situations so as to avoid greater risks;
i)
in the instant case, priority lies with the adoption of all measures
required to guarantee that no further inmates are killed or injured and, in
general, that the Yare Prison security conditions are adequate, so as to avoid
new violent situations. Such measures are to be adopted in a context of
respect for the dignity and rights of the inmates; and
j)
a final solution to the problems affecting all Venezuelan confinement
centers generally, and the Yare Prison specifically, also calls for
comprehensive medium- and long-term action. However, the urgent and
imminent nature of the situation at present requires that the Sate implement
actions bearing instant impact on the situation of risk affecting the inmate
beneficiaries of the measures of protection.
4.
The Inter-American Commission’s request that the Court, in reliance on
Article 63(2) of the American Convention, call upon the State to:
a)
immediately take all such security and control measures as may be
required to preserve the life and integrity of the inmates housed at the Yare
Prison, as well as of any future inmates of said confinement center;
b)
immediately adopt all measures required to prevent inmates from
being subjected to mistreatment and physical punishment;
c)
staff the Yare Prison with sufficient and duly qualified correctional
officers to prevent further acts of violence from taking place;
d)
promptly submit a report on the investigations undertaken to
determine the historical truth of the acts of violence at the Yare Prison,
identify the perpetrators and apply the appropriate punishment, and to
continue to carry out investigations on the matter; such investigations should
be dynamic, exhaustive and effective as a prevention mechanism against the
recurrence of new acts of violence; and
e)
guarantee the periodic supervision of the conditions of confinement
and the physical condition of the inmates, through an independent agency,
and have the reports issued by such entity submitted to the Court.
CONSIDERING:
1.
That Venezuela has been a State Party to the American Convention since
August 9, 1977 and, pursuant to Article 62 of the Convention, it recognized the
contentious jurisdiction of the Court on June 24, 1981.
2.
That Article 63(2) of the American Convention provides that, in “cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
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