CONCURRENT OPINION OF JUDGE DIEGO GARCÍA-SAYÁN 1. This is a case with importance in itself given the serious events that gave rise to the provisional measures ordered by the Inter-American Court of Human Rights to project the life and physical integrity of the persons held in custody in the Mendoza Provincial Prison and in the Gustavo André Unit, located in Lavalle, as well as those found within said facilities. 2. In its first Order of Provisional Measures in this matter, passed in November 2004, the Court left record of the fact that the Inter-American Commission on Human Rights had described “[…] a situation at the Mendoza Provincial Prison and Gustavo André penitentiary unit, located in Lavalle, in which during a period of seven months, several persons held in custody, as well as penitentiary guards, died or were injured after fires, fights between inmates, and under some circumstances which have not yet been clarified.”17 In the same Order, the Court stated that “[…] the State has adopted or is in the course of adopting several measures, in observance of the precautionary measures of requested by the Commission, with which the State has expressed its agreement and willingness to adopt them […] However, both the Commission and the State agree that a complex plan of action with both short-, mid- and long-term goals is required in order to solve the current situation.” 18 3. In the second Order of Provisional Measures passed by this Court, on June 18, 2005, the Court expressed that “[…] the situation still continues, which constitutes extreme gravity and urgency and possible irreparability of damage to rights of life and personal integrity of the beneficiaries of said measures. Particularly, acts of violence are still occurring in a manner such that they have caused injuries or death to several inmates and penitentiary guards; conditions of detention are still precarious and security conditions are insufficient; criminal prosecution of inmates are subject to excessive delays, and this has a negative impact on prison overcrowding and difficulties to segregate prisoners by categories.” 19 4. Generally, the Court has verified, in the course of these proceedings, the agreement between the Commission, the representatives of the beneficiaries and the State on the need to keep said provisional measures in force. Furthermore, it has been verified that in spite of that, incidents of violence are still taking place with serious consequences such as the loss of life of inmates, which shows the insufficiency of the actions taken by the authorities of the Mendoza Provincial Prison and the Gustavo André unit of Lavalle. 5. However, and regardless of the specific case, it should be noted that the situations of risk and impairment of life and physical integrity of persons held in custody are recurrent in many countries of the region. Thus, extensive and persistent are the situations in which overcrowding, slowness and 17 Order for Provisional Measures, November 22, 2004. Considering Clause No. 7. 18 Order for Provisional Measures, November 22, 2004. Considering Clause No. 9. 19 Order of provisional measures of June 18, 2005, Considering Clause No. 8.