this regard, the subsequent orders delaying the preliminary hearing make clear that the “closing act” must have been presented in order to have been able to convene this hearing. Other publicly available sources of information indicate that the “closing act” was presented in November 2012.107 The petitioners stated that as of 2013, the preliminary hearing still had not been held, in violation of legal procedures. They stated that the hearing was repeatedly scheduled and then delayed due to the defense’s failure to appear.108 However, the judge did not order the corresponding sanctions.109 They also alleged that they observed the existence of a close relationship between the judge, the accused, and their lawyers in the courtroom, for which reason the petitioners understand the delay in carrying out the criminal trial to be deliberate.110 53. The petitioners alleged that the preliminary hearing was ultimately held on June 3, 2014, on a day that they could not attend the hearing. They indicated that that day, “the Court made a decision for the first time, dismissing the request by the Observatorio attorneys to intervene as plaintiffs in the case.” 111 The petitioner stated that it appealed this decision on June 10, 2014. No further information is available in this regard. The petitioner stated that as of March 2015, the trial of the individuals accused still had not been held. This is the latest information available in the case file. E. Contextual information on the situation in the Vista Hermosa Prison after the facts 54. In June 2004, local media reported that Lieutenant Puerta and Captain Campos received promotions in the National Guard. The Committee of Vista Hermosa Relatives called the decision “a profanity and an insult to the relatives of the inmates who died during the incidents.”112 According to publicly available information, in 2005, the prison was taken over by the inmates and remains under their control.113 Reports state that the National Guard continues to oversee the exterior parts of the prison but does not enter inside. 55. The situation in the Vista Hermosa Prison has been of great concern to the Commission in recent years. The IACHR requested provisional measures from the Inter-American Court in 2010 in light of the situation of overcrowding, violence, and absence of effective State control within the prison. The measures were granted in 2011114 and remain in force. The resolution took the following specifically into account: a. b. c. d. Overcrowding in the prison, which in 2011 had capacity for 310 inmates but an actual population of approximately 930 inmates; That the situation in the Vista Hermosa Prison was characterized by “constant battles among the gangs in the prison who fought with firearms for territorial control of the prison,” with, among other conditions, “critical overcrowding;” Several incidents of violence in previous years, including at least two riots in 2010 and 2011 resulting in at least 10 deaths, as well as “numerous protests and hunger strikes by inmates and their relatives;” A variety of “conditions responsible for the inmates’ deaths and an environment of extreme violence inside the prison,” including “the lack of effective control of the prison,” “the trafficking of weapons, which the State has been unable to control,” “‘critical overcrowding,’ the abysmal conditions of the physical infrastructure, health care services and food, and the lack of personnel who are ‘duly qualified to avoid the continuous outbreaks of violence.’” Correo del Caroní, “La masacre de Vista Hermosa,” September 6, 2015. Available at: http://www.correodelcaroni.com/index.php/mas/a-2/item/36646-la-masacre-de-vista-hermosa 108 See Annex 36. The preliminary hearing was ordered delayed three times by the First Instance State and Municipal Criminal Supervisory Court, on 5/21/13 (defense not properly notified; 7/12/13 (defense did not attend due to delayed flight from Caracas); and 8/29/13 (defense did not appear). Annex to the brief of the representatives of October 2, 2013. 109 Brief of the representatives of October 2, 2013. 110 Idem. 111 Additional brief of the representatives of March 9, 2015. 112 Annex 37. Correo del Caroní, “Ascendidos 2 de los 4 imputados en masacre de Vista Hermosa” (6/30/2004). Annex to the initial petition. 113 See, for example, “On the Inside: Venezuela’s Most Dangerous Prison,” June 6, 2013. Available at: http://time.com/3800088/on-theinside-venezuelas-most-dangerous-prison/. 114 I/A Ct. H.R. Order of May 15, 2011, Matter of Internado Judicial de Ciudad Bolívar “Cárcel de Vista Hermosa,” Provisional Measures regarding Venezuela. 107 12