5
b)
the domestic measures adopted (supra Having Seen clauses No. 3(o),
3(p), 3(q) and 3(r)) have not been efficient to safeguard the life of inmates
and deter new violent acts at La Pica Confinement Center;
c)
the urgency required by Article 63(2) of the American Convention for
the Court to issue provisional measures is evidenced in the instant case by
the death of 43 inmates and the serious injuries suffered by, at least, 25
inmates. These facts prove that there exists an imminent danger caused by
the poor safety conditions of the premises and the high rates of violence
among inmates and of guardians against inmates, all of which require the
urgent intervention of the Court in order to avoid an irreparable harm;
d)
the measures necessary in the instant case cannot be delayed until
medium or long term plans are implemented, since current conditions are
critical and must be remedied through immediate action;
e)
the death and injuries inflicted on several inmates detained at La Pica
Confinement Center show the State’s carelessness in the fulfillment of its
duties. This lack of due diligence poses a risk of irreparable harm to the life of
beneficiaries since it encourages the repetition of violent situations as those
referred above;
f)
the repeated use of hunger strikes shows that there are not speedy
communication channels among inmates, prison authorities and civil
organizations, all of which contribute to aggravate the situation;
g)
the permanent violent acts, which caused more than forty deaths, as
well as the ongoing lack of safety and control, show that the State of
Venezuela has not fully complied with its obligation to prevent any attacks
against the life and personal integrity of detainees at La Pica Confinement
Center, and that the said State has not adopted the indispensable safety
measures to avoid new violent actions in the said premises;
h)
due to the extremely serious and urgent situation, and to the need to
avoid irreparable harm to people, the possibility of identifying the
beneficiaries is sufficient in order to grant them the abovementioned
protection measures. In the instant case, the beneficiaries of the requested
protection are the detainees lodged at La Pica Confinement Center, who are
at great risk and extremely defenseless, as well as those persons that may
enter said premises as detainees in the future;
i)
the measures to be adopted must include those tending to maintain an
environment of respect of human rights among the detainees, particularly,
their segregation into different categories, measures to avoid the introduction
of arms into the premises and the improvement of detention conditions.
Moreover, the State must design and apply jail policies to prevent critical
situations and avoid greater risks; and
j)
the final solution to the problem of Venezuelan jails, and especially,
that of La Pica Confinement Center, also requires the implementation of
integral medium and long-term actions. However, the urgency and imminent
risk currently existing require the State to adopt measures with immediate
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