11
“goes far beyond that[,] including international standards about the use of force,
penitentiary surveillance of a civil nature[,] establishing an effective mechanism before a
competent, independent and impartial agency for any claims of human rights violation
against individuals held in custody and the mechanisms to ensure that human rights
violations are not investigated by the military justice.”
32.
That Paragraph 144 of the Court’s Judgment indicated that Venezuela had to adapt
its domestic laws to the provisions of the American Convention so that they a) adequately
conform to international legal standards on the use of force by law enforcement officers; b)
take action to implement a surveillance penitentiary service of nonmilitary nature; c) secure
an efficient procedure or system to file petitions before competent, impartial and
independent authorities for the investigation of complaints on human rights violations filed
by inmates, in particular, on illegal use of force exerted by state agents; and d) secure that
the investigations of human rights violations be carried out by ordinary prosecutors and
judges instead of military prosecutors and judges.
33.
That the State informed about certain legislative initiatives it has implemented
(National Police Law, Criminal Procedural Organic Code and General Attorney Organic Law)
and it was going to pass the Penitentiary System Organic Code (supra Considering clause
29). Nevertheless, it did not indicate the status of approval of such Penitentiary System
Organic Code nor how such legislative initiatives are in line specifically with compliance with
the four issues mentioned in paragraph 144 of the Judgment (supra Considering clause 32).
34.
That consequently, the State must inform this Court in a detailed and specific
manner about any measures to be adopted in order to adapt the domestic laws of
Venezuela to conform to the American Convention in relation to the four issues mentioned
in paragraph 144 of the Judgment.
*
*
*
35.
That as regards to the obligation to adopt, within a reasonable time, the necessary
measures so that prison conditions conform to international standards in that matter
(operative paragraph 10 of the Judgment), the State informed that “during [the years]
2004, 2005 and 2006, it started actions to improve the penitentiary situation with an annual
operating plan called [‘]Penitentiary Humanization Plan[’], focused on ‘the infrastructure,
sport, work, health, human resources and education and training of inmates’.” Likewise, the
State referred to the “census of the juridical conditions of inmates in the various prisons
[during 2005] which allowed for an update of each one of the existing trials”; as well as
“psycho-social assessments [in order to] accelerate the process of granting […] alternative
formulas to comply with the punishment.” In order to improve “detention conditions” and
solve the overcrowding situation, the State pointed out in its report of June 4, 2008 that “it
considered the construction and opening of fourteen (14) penitentiary communities within 5
years.” It also informed about “[t]he development of a technological computing system for
penitentiary management and the implementation of new access control systems” that
“would avoid entering weapons, drugs, explosives and any other banned objects [in
penitentiary centers].” On the other hand, the State mentioned the creation, under decree
No[.] 6.553 of December 15, 2008, of the Higher Penitentiary Council, as a “national
guiding body, in charge of designing and preparing structural policies for a comprehensive
consideration of the Penitentiary System” and the creation, through Resolution No[.] 789 of
August 7, 2008, of ten (10) new Prosecutor’s Offices at National Level Competent in the
Penitentiary System. It also stated that at present “there are twenty-six Prosecutor’s Offices
which know and act in the implementation stage of the judgment and in the supervision of