13
complete, updated and detailed information about the penitentiary situation in Venezuela,
such information has not been presented to the Court within the framework of the
supervision of compliance with the Judgment in this case. Similarly, the information
presented by the victims’ representatives in relation to this matter lacks specificity, unlike
the information presented within the framework of the provisional measures mentioned
above.
41.
That although the information required by the Court is similar in both situations, the
analysis that the Court shall make in one case and in the other differs substantially in its
purpose and scope. As regards to provisional measures, the Court is focused on ensuring
that the State adopts all the necessary measures to avoid any dead or injured inmates due
to acts of violence. However, at this stage of the supervision of compliance with the
Judgment, the Court shall check that the State complies with the orders specifically stated
in operative paragraph 10 and paragraph 146 of the Judgment (supra Considering clause
38).
42.
That independent of the above, this Court wishes to highlight that, within the
framework of the four orders mentioned, the State has affirmed that the “third axis” of the
National Humanization Plan, about the comprehensive assistance to inmates, is still in the
design stage and, at present, there is “an absolute lack of coherent plans and a true system
for inmates’ assistance in Venezuela.” Furthermore, the State confirmed that there are high
indexes of violence and that the humane treatment of inmates is affected in those
penitentiary centers. In turn, the representatives have pointed out that since the provisional
measures were adopted in each of [those] Venezuelan prisons, the result of prison violence
has been 502 dead and 1041 injured (55 dead and 84 injured at La Pica; 135 dead and 190
injured at Yare; 158 dead and 405 injured at Uribana, and 154 dead and 362 injured at El
Rodeo). Additionally, the representatives stressed that, “just in these months of 2009, there
are 55 dead and 158 injured in these penitentiary centers.” Thus, “the number of dead
inmates would be higher in Venezuela than in the rest of the hemisphere, and every two
and a half years the equivalent of all the population of a full penitentiary centre in
Venezuela would die.” Therefore, in spite of adopting the provisional measures mentioned
above, the prison situation in Venezuela has worsened, showing a high and constant
number of dead and injured inmates.
43.
That consequently, both parties must, in a more complete and detailed manner in
this process, report on and see to the actions and measures adopted to comply with the
provisions in this merit Judgment. For example, the State shall refer to the Penitentiary
Humanization Plan that is informed as being implemented and shall point out how such plan
is effective to reach the objectives mentioned in paragraph 146 of the Judgment. This
information shall provide the Court with sufficient elements to determine whether the State
has complied with the provisions in the Judgment.
*
*
*
44.
That as regards to the obligation to train members of the armed forces to effectively
secure the right to life and avoid a disproportionate use of force, as well as to develop and
implement a training program on human rights and international standards regarding
individuals held in custody aimed at police and prison agents (operative paragraph 11 of the
2007, and d) Internado Judicial Capital El Rodeo I and el Rodeo II: Order of the Inter-American of February 8,
2008.