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the State has not provided the Court with information regarding the investigation
and the punishment of the perpetrators for the violent incidents, that is to say, for
the dead and injured inmates of Yare.
4.
The notes submitted by the Inter-American Commission on Human Rights
(hereinafter, the “Inter-American Commission” or the “Commission”) of July 26 , 2006,
December 13, 2006, March 1, 2007, April 5, 2007, May 7, 2007, July 12, 2007 and
September 7, 2007, in which it was stated, inter alia:
a)
In relation to the obligation to adopt such measures as may be required to
efficiently and conclusively prevent violence at the Yare Prison, that:
i.
the State has adopted measures such as the increase in the number of
prison guards, training on human rights for the personnel and regular
searches with the purpose of controlling the violence, however, the
continuous deaths and injuries of the inmates show that the measures
adopted have not been sufficient and effective to avoid such situations;
ii.
it is necessary for the State to implement immediate measures for
dangerous situations; of the information provided by the State, there is no
evidence that the State has implemented an immediate and specific measure
in order to avoid, efficiently, violence inside the Prison Center;
iii.
There are press releases that indicate that in March, 2007, it occurred
a violent incident involving cutting and thrusting weapons and grenades
among the inmates of Yare Prison, where three persons were killed and
another three were injured;
iv.
There is a discrepancy in the figures provided by the State concerning
the months of September and October, 2006 as regards the amount of deaths
and injured persons. Furthermore, the lack of specification regarding the
names of the injured and dead persons does not allow verifying the correct
figure. The State has not submitted information with respect to the months of
November and December, 2006;
v.
the basic measures that the State has catalogued as necessary, such
as the adequate number of guardians appropriately trained, should be in
progress at the moment since they are related to a situation which is not new.
Nevertheless, the measures adopted by the Venezuelan State are not enough
so far and,
vi.
it notes a sharp decrease in the amount of officers that, according to
State figures, should be guardians at Yare Prison, thus the imminent situation
has not improved. In order for the State to comply with its duty to prevent
violent incidents from happening, an adequate amount of guardians, duly
trained is required.
b)
In relation to the obligation to adopt such measures as may be necessary to:
a) confiscate weapons in the possession of inmates, b) separate indicted inmates
from convicted inmates and c) bring the conditions of confinement at the prison in
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