14
20.
The arguments stated by the Commission at the above-referred public
hearing, whereby it repeated the arguments included in its prior writings (supra
Having Seen clauses No. 1, 3, 4, 5, 6, 13 and 17) and pointed out that:
a)
governmental
authorities
have
focused
on
proposing
the
implementation of medium and long term integral actions that, although they
may be part of the final solution to prison problems, are not sufficient due to
the urgency and imminence of the current situation. The State must
implement actions with immediate effects in order to overcome the crisis of
the safety system and the culture of violence that surrounds the inmates of
the Confinement Center;
b)
it acknowledged that the State, in compliance with the Order of the
President, has adopted certain measures with immediate effects, such as, for
example, the incorporation of 30 new guards that, as far as the Commission
has been able to learn, were sent to the Confinement Center on February 7,
2006; the fumigation of the area where women are lodged; the delivery of
the list of inmates requested by this Court and the search conducted on
January 26, 2006;
c)
it appreciates the political will of the State to improve the conditions of
the national penitentiary system;
d)
measures such as the installation of metal detector devices or weekly
searches made in strict observance of the duty to respect inmates’ human
rights may be considered as a means to prevent the introduction and
trafficking of arms;
e)
inmates with a background of high level of violence must be
segregated from the rest of the population of the jail; and
f)
although the elimination of inmates risk is the exclusive liability of the
State, it is of the utmost importance that the beneficiaries participate in the
design of the measures to be carried out by the State to achieve such
eradication. The Commission is concerned about alleged statements made by
high authorities of the State, which were intended to disaccredit the work of
said organizations and have a direct impact on the effectiveness of the
measures and the creation of new spaces for dialogue.
21.
The arguments submitted by the representatives at the above-mentioned
public hearing (supra Having seen clause No. 19) whereby they agreed with the
Commission’s statements, repeated those expressed by them in their prior writings
(supra Having Seen clauses No. 16 and 18), and they added that:
a)
the Court should extend the measures ordered by the President in
order to specifically address any matter related to detention conditions;
b)
when transferring the new guards to La Pica Confinement Center, the
State shall see to provide them with the physical conditions, within the
premises of the confinement center, that allow them to perform an excellent
work. Guards have not a room where to take a rest, and therefore, they are
forced to share the place with a group of detainees.
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