13
treatment of the persons that have been deprived of their liberty, is that of providing such
persons with the minimum decent conditions while they remain in the detention centers.” 8
Additionally, the protection of life of all people deprived of their liberty “requires that the
State be particularly concerned with the living conditions during the time that liberty is
deprived, as that right has not expired nor has it been restricted because of the detention or
imprisonment.” 9
12.
That the State obligation to protect all the persons under its jurisdiction also
encompasses the duty to control the action of third parties, an erga omnes obligation. 10
13.
That the problem of detention centers requires medium and long term actions in
order to adapt its conditions to international standards. However, the States are obliged to
implement prompt actions to guarantee the physical, psychological and moral integrity of
inmates, as well as their right to life and to enjoy the minimum conditions of a dignified
life. 11
*
*
*
14.
That although this Tribunal favorably views the actions taken by the State in
compliance with the provisional measures ordered in the present case, a situation of
extreme gravity and urgency and of possible irreparable damage to the rights to life and
humane treatment of the inmates at the Monagas Judicial Confinement Center ("La Pica")
persists.
15.
That violent events have taken place in the Confinement Center while the instant
measures have been in effect that have caused approximately 20 deaths and 20 injured
(supra Having Seen paragraphs 3.a.iii, 4.a.ii, 5.a.i and 5.a.ii), which demonstrates the
ongoing and urgent necessity to adopt effective measures of protection.
16.
That as a result of what was previously stated, the Court considers it necessary for
the State to continue adopting and implementing immediate and effective measures of
protection to fully guarantee the rights to life and humane treatment for the inmates at the
Monagas Confinement Center (“La Pica”).
8
Cf. Neira Alegría et al. Case. Judgment of January 19, 1995. Series C No. 20, para. 60; Matter of the
Penitentiary Center of the Central Occidental Region (Uribana Prison). Provisional Measures, supra note 3,
Considering paragraph seventh, and Matter of the persons imprisoned in the "Dr. Sebastião Martins Silveira"
Penitentiary in Araraquara, São Paulo. Provisional Measures, supra note 6, Considering eleventh.
9
Cf. Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. Series C No. 112, para.
160; Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures. Order of
the Inter-American Court of November 30, 2005, Considering paragraph ninth, and Matter of Children Deprived of
Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures. Order of the Inter-American Court of July 4,
2006, Considering paragraph tenth. Similarly, Juridical Condition and Human Rights of the Child. Advisory Opinion
OC-17/02 of August 28, 2002. Series A No. 17.
10
Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures, supra note 5,
Considering paragraph eleventh; Matter of the Penitentiary Center of the Central Occidental Region (Uribana
Prison). Provisional Measures, supra note 3, Considering paragraph fifth, and Matter of the Pueblo indígena
Kankuamo. Provisional Measures, supra note 2, Considering paragraph fourth.
11
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures,
supra note 9, Considering paragraph eighteenth; Matter of Children Deprived of Liberty in the "Complexo do
Tatuapé" of FEBEM. Provisional Measures, supra note 9, Considering paragraph twelfth, and Matter of Yare I and
Yare II Capital Region Penitenciary Center. Provisional Measures. Order of the Inter-American Court of March 30,
2006, Considering paragraph seventeenth.
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