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unjustified delays in the implementation of alternative measures of
compliance with the sentencing of those prisoners who have been convicted;
vi.
awful infrastructural conditions are most evident in the "female
annex"; regarding the detention areas the inhumane conditions persist; in the
area named “the prison”, there are no bathrooms and the prisoners are
required to relieve themselves in the open and in bags. In this area, in
sections 1 and 2 there are no showers for daily cleaning, and detainees are
forced to bathe themselves using a hose in a physically open space;
vii.
the representatives recognize the State's efforts to improve health
services for the prison population; the construction of a Center for Community
Treatment; the implementation of an Alternative Formula of Compliance with
Sentencing (“Fórmula Alternativa de Cumplimiento de la Pena”), known as
Open Regime (“Régimen Abierto”), as well as the construction of a children's
park, a social area for visits, and a separate section for housing inmates
between the ages of 18 and 21;
viii.
the percentage of inmates participating in work and education
programs is low considering the size of the prison population; the education
programs are superficial, unsound and not sustainable over the long-term, in
part because they lack the necessary tools to conduct the classes;
ix.
sports and cultural activities should be guaranteed on a regular basis
since the activities mentioned by the State are carried out informally and
infrequently;
x.
the State discusses plans and preparations that have not materialized
into concrete measures for the physical and mental well-being of the
detainees; the medical conferences do not represent a structural and concrete
solution to the alarming unhealthy conditions that exist at the Confinement
Center, and
xi.
on May 8, 2007 medical services that were provided by Cuban doctors
were suspended, presumably because their work was only for a “fixed period
of time”. Such a situation demonstrates the infringement by the State of the
prison population's right to health in the Confinement Center.
c)
regarding the planning and implementing of protective measures for those
deprived of their liberty in the Confinement Center with the participation of the
representatives of the beneficiaries of these measures, and so that, generally, the
representatives remain informed in regards to any progress in the adoption of such
measures:
i.
the representatives look favorably upon the State's initiative to
arrange meetings between the NGOs and state officials; however it is obvious
that the State has not complied with this measure since several actions
carried out by the State were done without the participation or awareness of
the representatives of the beneficiaries, and
ii.
various declarations by high ranking State officials qualify as new acts
of intimidation and violate the provisional measures that require the State to
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