4 a) It has adopted measures aimed at the amendment of the constitutional and legal framework in favor of the rights of confined people and the adoption of specific measures that would allow eliminating the situation of violent events in prison; b) The Ministry of the People Power for the Domestic Relations and Justice [Ministerio del Poder Popular para las Relaciones Interiores y Justicia] is developing the Prison Humanization Plan, which covers the different elements that directly impact on the prison area, among them, education, health, labor, sports, prison infrastructure and human resources; c) "The special role of guarantor of the State towards the confined people [… cannot] held the State responsible for specific events, whenever there is clear evidence of the several and constant measures carried out in order to avoid the repetition of such events"; d) Taking into account the figures provided by the Inter-American Commission regarding the people that got injured during 2006 and 2007 “ it is clear that the number of injured people in 2007 has decreased by near 50%, since in 2006 there have been 198 injured people and in 2007, only 101”. Likewise, “by comparing 34 deaths and 153 injured people […] between October, 1998 and September, 1999 to 26 deaths and 50 injured [...] during 2007, there has been a clear progress of the State as to the control of violence". During 2007, a total of 1.207 inmates from Rodeo I and 720 inmates from e) Rodeo II participated in several cultural activities. As to the education section, 779 inmates from Rodeo I and 811 inmates from Rodeo II are actively receiving formal education; f) During 2007, 24 new prison guards have been employed in Rodeo I, in order to reach a total of 37 prison guards. As to Rodeo II, 11 new prison guards have been hired in order to have a total of 28 prison guards. The foregoing evidences a relation of 1 prison guard for every 38 inmates in Rodeo I and 1 prison guard for every 30 inmates in Rodeo II, which is contrary to the argument held by the Commission in the sense that there is 1 prison guard for every 100 inmates and, g) The State wonders “Is it really urgent the intervention of the InterAmerican Court in 2008 to protect the life and integrity of the people confined in the Rodeo Prison and it was not urgent in 1998 when there was 30,76% of more deaths and 206% of more injured people? In this matter "there are no objective conditions that will make a provisional measure appropriate […], taking into account the important effort done by the State in order to comply with the constitutional obligation to prevent the repetition of violent events in prison”. 9. The communication of the Commission of February 1, 2008, in which it was noted that during January, 2008, several violent incidents have been registered in Rodeo, resulting in injured people and the deaths of two inmates. Furthermore, it pointed out that by the end of January, 2008, the prison authorities acknowledged that in the Rodeo Prison, known as the most violent prison in 2007, there are only 54 officers in charge of the custody of 2.380 inmates.

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