3
f)
The final solution to the problem in Venezuelan detention centers and, in
particular, in the Rodeo Prison, also calls for full medium and long-term
measures. Notwithstanding, the urgency and immediacy of the present situation
requires from the State the adoption of high-impact measures for the risky
situation in which the people requiring these protective measures are.
4.
The request of the Inter-American Commission so that the Court, based on
Article 63(2) of the American Convention, orders the State:
a.
to adopt without delay, all security and control measures that are necessary to
preserve the life and personal integrity of the people who are deprived of freedom, visitors
and personnel of Rodeo I and Rodeo II Capital Regional Judicial Confinement; and the people
who could be admitted to the detention center at issue in the future;
b.
to adopt all measures necessary to prevent the inmates from receiving ill-treatment
and excessive punishments by the personnel in charge of the premises;
c.
to provide the “Rodeo Prison” with sufficient, well-trained and equipped prison
guards in order to avoid the repetition of violent acts;
d.
to adopt all measures necessary to substantially reduce the overcrowding in the
“Rodeo Prison” and to divide the inmates by categories in order to avoid new violent acts;
e.
to adopt all measures necessary to confiscate the weapons from the hands of the
inmates and to prevent the entering of weapons in the prison premises and the
manufacturing of handcrafted arms, in order to avoid the repetition of violent acts;
f.
to report, as soon as possible, on the investigation carried out in relation to the
violent acts occurred inside the premises of Rodeo I and Rodeo II Capital Regional Judicial
Confinement in order to adopt the necessary measures to prevent its repetition;
g.
to guarantee the regular supervision of the detention conditions and the physical
condition of the confined people through an independent body and that the reports issued by
such body be sent to the Court, and
h.
to accept the participation of the representatives of the beneficiaries in the process
of the design and implementation of the provisional measures.
5.
The note of the Secretariat of the Court (hereinafter, the “Secretariat”) of
December 18, 2007, in which it was requested the Inter-American Commission to
inform, no later than December 19, 2007, whether the present issue is related to some
request or case in process before the Commission and if the Commission has adopted
precautionary measures.
6.
The communication of the Commission of December 19, 2007, in which it noted
that the instant matter “is not related to any related request or case in process before
the Commission; and […] has neither issued precautionary measures before".
7.
The note of the President of the Court (hereinafter, the “President) of December
21, 2007, in which it informed the parties that, considering that from the information
provided by the Commission it was clear that the present matter was not in process
before the Commission, has determined to bring the request for provisional measures to
the attention to the full Court in order for the Tribunal to decide. Without prejudice to
the foregoing, it was reminded to the State the general obligations under Article 1(1) of
the Convention to respect the rights and freedoms therein established and to ensure to
all persons subject to the jurisdiction the free and full exercise of those rights and
freedoms and that, regardless of the existence of specific provisional measures, the
State has the special obligation to guarantee the rights to every person who is confined.
Furthermore, the Court requested the State to submit the observations it deems
appropriate regarding the request for provisional measures.
8.
The brief of the State of January 10, 2008, in which it pointed out that:
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