16. Regarding the alleged violations of the Convention on the Rights of the Child and other United Nations instruments, it alleged that the IACHR lacks competence in this regard. It indicated that although the victims had not been transferred to an adult prison, this did not imply that they were not aged 18 years old at the time of the events, so they cannot be considered children for the purposes of this case. III. DETERMINATIONS OF FACT A. The Alleged Victims and their Next-of-Kin 17. On June 30, 2005, the five deceased alleged victims were inmates of the INAM-San Félix prison, in Bolívar state. Rafael Antonio Parra Herrera was born on December 2, 1986, and was 18 years old.3 Christian Arnaldo Molina Córdova was born on April 17, 1987, and was 18 years old.4 Johan José Correa was born on January 29, 1987, and was 18 years old. 5 Gabriel de Jesús Yáñez Sánchez was born on April 11, 1987, and was 18 years old. 6 José Gregorio Mota Abarullo was born on June 26, 1985, and was 20 years old.7 18. The death certificates indicate that Rafael Parra Herrera, Gabriel Yáñez Sánchez and José Gregorio Mota Abarullo died as a result of "asphyxia by suffocation" and "third degree burns"8; that Christian Molina Cordova died of " asphyxia by suffocation " and "third degree burns to over 65% of the body surface"9; and that Johan Correa died of "third degree burns to 90% of the body surface"10. There are also exhumation records of four of the five deceased,11 although only the result of the exhumation and autopsy of José Gregorio Mota was provided, which states: "No traumatic injuries present, pending the results of toxicological and microanalysis studies", and "Cause of death: Undetermined, with absence of viscera and without injuries to soft or bony parts".12 19. The petitioners identified as relatives of the alleged victims: Nelys Margarita Correa and Belkys Josefina Correa Ríos (with respect to Johan José Correa); Elvia de Jesús Abarullo de Mota, Félix Enríquez Mota and Osmely Angelina Mota Abarullo (regarding José Gregorio Mota Abarullo); Luis José Yáñez and Maritza del Valle Sánchez Ávila (regarding Gabriel de Jesús Yáñez Sánchez); Miryam Josefina Herrera Sánchez and Jesús Juvenal Herrera Sánchez (regarding Rafael Antonio Parra Herrera); and María Cristina Córdova de Molina and Hugo Arnaldo Molina (regarding Christian Arnaldo Molina Córdova)13. B. Context and Background 1. Structural Problems in the Prison 20. The case file contains information highlighting a series of structural problems in the operation of the INAM-San Félix prison at the time of the events, such as the lack of sufficient custodial staff, overcrowding and the lack of facilities and adequate security measures. 21. Thus, months before the fire, the former Warden indicated the following: "even though we have made an effort to give comprehensive care, however [overcrowding] has caused limitations due to the low staffing levels and inadequate infrastructure to serve this population." 14 In the year before the events, the Annex 1. Death Certificate. Annex B1 to the original petition. Annex 2. Death Certificate. Annex B2 to the original petition. 5 Annex 3. Death Certificate. Annex B3 to the original petition. 6 Annex 4. Death Certificate. Annex B4 to the original petition. 7 Annex 5. Death Certificate. Annex B5 to the original petition. 8 Annexes 1, 4, 5. Death Certificate. Annexes B1, B4, B5 to the original petition. 9 Annex 2. Death Certificate. Annex B2 to the original petition. 10 Annex 3. Death Certificate. Annex B3 to the original petition. 11 Annex 6. Exhumation Report of January 25, 2006. Annexes Q1-Q4 to the original petition. Rafael Parra’s report not present. 12 Annex 7. Exhumation Report of January 25, 2006. Annex Q5 to the original petition. 13 Petitioners’ additional brief dated July 20, 2015, para. 28. 14 Annex 8. Letter of Nerio Romero to Rafael Martínez, Temporary Enforcement Judge (9.10.2004). Annex 01 to the additional brief of the petitioners of July 20, 2015 [hereinafter, “additional brief”]. 3 4