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c.
Security controls are deficient and management of prisons is erratic in
the hands of the custody bodies as the incidents that have taken place
inside the cellblocks have passed unnoticed to the authorities.
Furthermore, the use of force to quell riots has been excessive;
d.
Judicial authorities have allowed two petitions for habeas corpus
presented by the representatives and several inmates and their
families, in connection with prolonged periods of confinement and
sanitary and health care issues;
e.
The severity of the situation has been acknowledged by the highest
Argentine authorities;
f.
It is necessary to take measures as part of an integral reform, such as
more skilled personnel, proper cellblock lighting, actions against
overcrowding, segregation of convicted prisoners from untried
detainees, sanitary measures for the provision of proper toilets and
drinking water for the use by the inmates, and barring of entrance of
weapons to the facility;
g.
Overcrowding is not fought against by building new cellblocks but also
by providing for measures as an alternative to pretrial detention;
h.
The agreed-upon short-term commitments as per the record signed in
Asunción have not been met. In this regard:
i.
the Commission acknowledges the recruitment of new
penitentiary agents, but the profile and training status of said
new employees are unknown;
ii.
Investigations are not carried out effectively or impartially, and
the system does not provide for legal, criminal penalties, it only
provides for disciplinary actions. Furthermore, the legislative
and governmental provincial authorities have taken a fairly
passive stance when compared to judicial authorities’
involvement;
iii.
Follow-up Commission entrusted with provisional measures is
inactive;
iv.
In spite of the fact that the Commission acknowledges that the
number of deaths has decreased, the severe risk of violent
death has not been eradicated;
i.
The Commission requests that the Court make use of all its
conventional power to enforce the provisional measures, and force the
State’s both national and provincial governments to assume their
responsibility,
j.
This case is not about determining who should be held internationally
responsible when dealing with a federal State, as this issue has
already been dealt with in the Convention and previous court
decisions;
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