61
201. Then, on December 18, 2002, Mr. Vélez Loor was transferred to La Joya-La
Joyita prison,223 where he was admitted on the following day224 and was held in
Cellblock 6 of La Joyita Penitentiary Center, a section destined to aliens deprived of
liberty,225 where he was also imprisoned together with detainees being held for
crimes.226 This center is located in the Correctional Facility of Pacora, Panama City,
and today, it has become the biggest penitentiary center of the country.227
202. The La Palma Public Prison, in the year 2003, had the physical capacity to
house 108 persons, men and women.228 According to official information of the
Panamanian Prison System,229 in the year 2002, its total population was of 146
inmates, and in 2003 there were 149 inmates. Moreover, La Joyita Penitentiary
Center in the year 2003 had a physical capacity to house 1770 inmates.230 According
to official information of the Panamanian Prison System,231 in the year 2002, its total
population was of 2430 inmates and in 2003, of 2917.
203. Due to the fact that the limit of its capacity was exceeded, both prison units
had, at the time of the events, high rates of overcrowding. Furthermore, given that
the population density was higher than 120% over its officially established housing
capacity, the Tribunal considers that the overpopulation reached dangerous levels. In
consequence, during the time Mr. Vélez Loor was imprisoned at La Palma and La
Joyita, there were high levels of overcrowding with a population density of 135% and
164%, respectively.
204. As this Tribunal has already held,232 overcrowded conditions at a detention
center may cause detrimental effects on the centers, like overburdened health care
services, a reduction of out-of-cell activities, hygienic problems, problems related to
food, security, visitation schedule, education, employment, recreational activities and
intimate visits; which, in turn, also cause generalized deterioration in the physical
223
Cf. Communication No. DNMYN-SI-1265-02, supra note 76; Communication No. DNMYN-SI-126402, supra note 76; Communication No. DNMYN-SI-1266-02, supra note 76, and Order No. 2778 T, supra
note 76.
224
Cf. Case file of Mr. Jesus Tranquilino Vélez Loor, supra note 215, folio 2643; Note No. 208DGSP.DAL, supra note 69, and Report of the General Director of the National Police of Panama, supra note
69, folio 1574.
225
Cf. Report of the General Director of the National Police of Panama, supra note 69, folio 1574;
Information on the Penitentiary Center of La Joyita, available at the webfolio of the General Direction of the
Office of the Penitentiary System (http://sistemapenitenciario.gob.pa/detailcentros.php?centID=2) (case
file of the evidence, tome IV, annex 10 to the autonomous brief of pleadings, motions, and evidence, folio
1582), and Note No. 1420-DGSP.DAL issued by the General Director of the Penitenciary System addressed
to Assistant Attorney General of the Republic on October 13, 2009 (case file of the evidence, tome VI,
annex 3 to the response to the application, folio 2553).
226
Cf. Statement rendered by Jesús Tranquilino Vélez Loor at the public hearing held before the InterAmerican Court on August 25, 2010.
227
Cf. Information on the Penitentiary Center La Joyita, supra note 225.
228
Cf. Statement rendered by Mrs. Sharon Irasema Díaz Rodríguez, supra note 135, folio 3664.
229
Cf. Report of the Department of Statistics of the Administrative Bureau of the Ministry of Interior
and Justice, entitled “Prison population in the Republic per year according to Penitentiary Center 20002007” (Población Penitenciaria en la Republica por año según Centro penitenciario 2000-2007) (case file of
the evidence, volume IV, annex 12 of the autonomous brief of pleadings, motions and evidence, folio
1601). Similarly, statement rendered by Mrs. Sharon Irasema Díaz Rodríguez, supra note 135, folio 3664.
230
Cf. Statement rendered by Mrs. Sharon Irasema Diaz Rodriguez, supra note 135, folio 3664, and
Alianza Ciudadana Pro Justicia, Audito Ciudadano of Criminal Justice in Panama City, Panama 2004 (case
file of the evidence, volume IV, annex 18 of the autonomous brief of pleadings, motions and evidence, folio
1732).
231
Cf. Report of the Department of Statistics, supra note 229, folio 1602. Similarly, statement
rendered by Mrs. Sharon Irasema Díaz Rodríguez, supra note 135, folio 3664.
232
Cf. Case of Montero Aranguren et al. (Detention Center of Catia), supra note 207, para. 90, and
Case of Boyce et al., supra note 208, para. 93.
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