Order of the
Inter-American Court of Human Rights*
of February 8, 2008
Request for Provisional Measures
Made by the Inter-American Commission of Human Rights
with regard to Venezuela
Matter of Capital El Rodeo I and El Rodeo II
Judicial Confinement Center
HAVING SEEN:
1.
The brief of December 17, 2007 and its exhibits, by which the Inter-American
Commission on Human Rights (hereinafter, the “Inter-American Commission” or the
“Commission”) lodged with the Inter-American Court of Human Rights (hereinafter, the
“Court", the "Inter-American Court" or the "Tribunal") a request for provisional
measures,1 in accordance with Articles 63(2) of the American Convention on Human
Rights (hereinafter, the “Convention” or the “American Convention”), 25 of the Rules
of Procedure of the Court (hereinafter, the "Rules of Procedure") and 74 of the Rules of
Procedure of the Commission, in order for the Bolivarian Republic of Venezuela
(hereinafter, the "State" or "Venezuela") to protect those people deprived of freedom
residing at Rodeo I and Rodeo II, Capital Judicial Penitentiary (hereinafter, the "Rodeo
Penitentiary") as well as the visitors and personnel of such prison "from imminent
serious risks of irreparable damage to their lives and physical integrity".
2.
The alleged facts on which the request for provisional measures filed by the
Commission is based, namely:
a)
The Rodeo Prison is located in the Municipality of Zamora, Parish of
Guatire, State of Miranda. It was built in two phases: The first phase was
opened in 1983 (Rodeo I) and the second phase in 1996 (Rodeo II). Rodeo I
has the capacity to house 750 inmates, whereas Rodeo II was built to house
684 inmates, that is to say, they can accommodate a total of 1.434 people.
Nevertheless, there are 2.143 inmates;
b)
The inmates control the administrative area, corridors and even the
terrace. The gangs known as “Barrio Chino” (Red Light District) and “La Corte
Negra” (Black Court) are the delegates who negotiate with the Ministry of
Domestic Affairs;
c)
During 2006, there were 86 inmates dead and 198 people got injured as
a result of violent incidents. Furthermore, in 2007 there were 51 deaths and
*
Judge Manuel E. Ventura Robles informed the Court that, due to reasons of force majeure, he could
not participate in the deliberation and signing of this Order.
1
The Commission appointed Paulo Sergio Pinheiro and Florentín Meléndez, Commissioners, as
delegates and Santiago A. Canton as Executive Secretary; and Elizabeth Abi-Mershed, Deputy Executive
Secretary, and Débora Benchoam and Juan Pablo Albán, specialists, all as legal advisors. The initial request
to forward the request for provisional measures to the Court was received by the Commission on October 11,
2007 and such request was submitted by Mr. Humberto Prado, Pedro Nikken, Carlos Ayala Corao and Wilmer
Linero, acting on behalf of the non-governmental organization called “El Observatorio Venezolano de
Prisioneros”.
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