97.
It is also an undisputed fact that, as of October 2005, the Venezuelan authorities gradually
began to permit access to fresh air, and the use of ventilators, among other elements. In addition,
the evidence reveals that, around two years after the entry of Mr. Díaz Peña, a barred window of
approximately 0.60 by 0.30 meters was opened in the corridor of the general entrance to the PreTrial Detention Center; this was a common space for all the entries into the detention corridors and
it gave on to one of the access roads to the former DISIP Investigation Division.154 By April 2007,
the Pre-Trial Detention Center had a system of artificial lighting and ventilation provided by
standing fans and internal air extractors which communicated with the outside155 and, by
September 2009, the said corridor “B” had a 24,000 Btu air conditioning system.156 Subsequently,
several small windows were opened up in the gymnasium to provide light and air.157 Nevertheless,
this measure appears to have been concluded after the time spent by Mr. Díaz Peña in the Pre-Trial
Detention Center.
98.
Regarding time outdoors, the State only provided three records of the time spent in the
open air by Mr. Díaz Peña on August 5, 2006, and August 29 and September 13, 2009,158 so that it
is not possible to establish with certainty the frequency with which Mr. Díaz Peña was allowed to go
outdoors, and for how long, during the time he remained in the State’s custody in the then DISIP
Pre-Trial Detention Center. Despite this, it can be inferred from the evidence that, during the first
year and a half of Mr. Díaz Peña’s imprisonment, he was not allowed out into the open air in the
sunlight and that, subsequently, the possibility of going out into the fresh air and taking the sun
was restricted at times to one hour on the weekend, at other times to two hours on weekends, and
at still other times, to only two hours every two weeks.159
154
Cf. Testimony given by Eligio Cedeño by affidavit on November 18, 2011 (evidence file, tome XXVII, affidavits,
folios 17598 and 17599).
155
Cf. Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the public hearing
held on December 1, 2011, and Report of the Head of the Integral Custody Process of the General Directorate of
Intelligence and Prevention Services of April 20, 2007 (evidence file, tome XXV, folios 17160 and 17161).
156
Cf. Report issued by the Director General of the General Directorate of Intelligence and Prevention Services on
October 2, 2009 (evidence file, tome XXV, folio 17403).
157
Cf. Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the public hearing
held on December 1, 2011.
158
The schedule for time outdoors for August 5, 2006, records that Mr. Díaz Peña was allowed out from 9.40 a.m. to
10:40 a.m. Cf. Schedules for time allowed outdoors of the individuals detained in the DISIP Investigation Coordination Unit
for August 5, 2006 (evidence file, tome XXV, folio 17152). In addition, the schedule for time outdoors of those detained for
August 29 and September 13, 2009, shows that Mr. Díaz Peña was allowed out from 8 a.m. to 10 a.m. Cf. Schedules for
time outdoors of the individuals detained in the DISIP Investigation Unit of August 29 and September 13, 2009 (evidence
file, tome XXV, folios 17412 and 17413).
159
The case file shows that, in a brief of August 25, 2006, the State advised the Inter-American Commission that it
had set up a system to allow those interned in the DISIP who so wished to go outdoors for one hour at a time during the
week and at weekends. Cf. Communication addressed to the Inter-American Commission by the State Agent for Human
Rights before the Inter-American and International Systems of the Bolivarian Republic of Venezuela dated August 25, 2006
(evidence file, tome XXV, folio 17146). Conversely, reports provided by DISIP officials dated April 20, 2007, March 19,
2008, and October 2, 2009, reveal that Mr. Díaz Peña went outside to get some sun for two hours at weekends in a selected
area, and in keeping with a pre-established timetable. Cf. Report of the Head of the Integral Custody Process of the General
Directorate of Intelligence and Prevention Services of April 20, 2007 (evidence file, tome XXV, folio 17161); Brief sent by
the Director General of the General Directorate of Intelligence and Prevention Services to the Fourth First Instance Trial
Court of the Criminal Judicial Circuit of the Caracas Metropolitan Area of March 19, 2008 (evidence file, tome XVIII, folios
12211 and 12212), and Report issued by the Director General of the Directorate of Intelligence and Prevention Services on
October 2, 2009 (evidence file, tome XXV, folios 17403 to 17409). During the public hearing Elvis Ramírez explained that
the detainees were allowed to go out into the sunshine under “a roster” divided into three groups. The groups rotated the
outings each week, so that “if [a group] is allowed out on Saturday this week, next week it will be allowed out on Sunday,
the following week it will not go out, and the third week it will again be allowed out on Saturday”; these outings are from 8
a.m. to 10 a.m. In addition, he indicated that this situation “has been gradually improved based on recommendations of the
International Red Cross and the opinions of some of the detainees.” Testimony given by Elvis Ramírez before the InterAmerican Court of Human Rights during the public hearing held on December 1, 2011. Conversely, during the public
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