DISIP has a permanent area for verbal communication and another area for carrying out
educational activities in which English and grammar classes are given by prisoners who have a
“high degree of personal level” (“alto grado de nivel personal”). It also noted that the DISIP
has a general dining room in which three meals are served, breakfast, lunch, and dinner. 55 It
further states that the prisoners have available to them some electrical appliances that they
use to attend to their daily needs. 56 As for the regime of visits, the State indicated that there
are pre-established days for them, these being Thursday from 11 a.m. to 2 p.m. and Sunday
from 11 a.m. to 5 p.m., and that they take place in an area set aside and organized for that
purpose.
35. As for the alleged victim’s health situation, the State argued that on June 16, 2006, the
Public Ministry commissioned the Office of the 82nd Prosecutor to go to the DISIP, together
with the physician assigned to the Forensic Medicine Service (Servicio de Medicatura Forense)
of the CICPC in order to perform a forensic medical examination, which was done. It also
alleges that the place where he is held was inspected, a record of which was set forth in the
document prepared to that end. The State indicated that the DISIP has a Health Coordination
Unit, which offers general medical care 24 hours a day in the event of any health incident or
emergency that any inmate may suffer. It noted that on August 16, 2006, the alleged victim
was taken, after a hearing before the Fourth Court of First Instance for Trial of the Criminal
Judicial Circuit for the Metropolitan Area of Caracas, to the otorhinolaryngology medical group,
where he was treated by a specialist physician, who cleaned out his left ear as it was stuffed.
It also alleged that at a consultation on September 15, 2006, the specialist cleaned his right
ear and indicated that a retraction was found that causes infections.
36. The State indicated that on November 28, 2006, Mr. Díaz Peña was taken once again to
the otorhinolaryngology medical group for a medical evaluation and cleaning of the left ear. It
alleges that on February 14, 2007, the Office of the 82nd Prosecutor forwarded an official note
to the chief of forensic medicine of the CICPC, asking that a new medical forensic examination
be performed and that, as a result, on March 30, 2007, Raúl José Díaz Peña was evaluated by
two physicians and an otorhinolaryngology team, as he had problems in the ear, and it was
noted that Mr. Díaz Peña is undergoing treatment for hemorrhoids and is in good health. It
notes that at that moment a commission from the Public Ministry performed an inspection of
the alleged victim’s cell and that no change was reported. 57 Finally, it alleged that on April 20,
2007, the alleged victim was evaluated by another physician, assigned to the Health
Coordination unit of the DISIP, whose report concluded that he is in good health.
37. The State argues that at all times it has taken the actions necessary to protect and
guarantee the human rights of Raúl José Díaz Peña and that it has carried out all the actions to
implement the precautionary measures issued by the Commission in 2005. It notes that to
determine whether there has been unwarranted delay, one must consider the conduct of the
parties, and that in this case the process has been carried out in keeping with the regular
procedure. In its brief the State recounts the procedural actions and notes that as the delay is
not attributable to the State, procedural delay cannot be argued. 58
38. As for the petitioner’s allegations regarding the alleged illegal detention of Mr. Díaz Peña,
the State indicates that on January 19, 2004, the Public Ministry requested an arrest warrant
from the 11th Court of First Instance (for Review) of the Criminal Judicial Circuit for the
55
The State notes that the meals given to the inmates are the same served to the staff of the DISIP every day. Note
AGEV/000600 of the Ministry of People’s Power for Foreign Relations of the Bolivarian Republic of Venezuela, May 3,
2007.
56
The State indicates that, among other things, freezers, microwave ovens, toasters, and electric ranges are
available. Note AGEV/000600 from the Ministry of People’s Power for Foreign Relations of the Bolivarian Republic of
Venezuela, May 3, 2007.
57
The State notes that throughout 2006 several visits were made by non-governmental organizations to the DISIP,
for example the International Committee of the Red Cross (June 20 and 21, 2006), Archbishop of Caracas (September
11, 2006), and the Programa Venezolano de Educación-Acción en Derechos Humanos (PROVEA). Note AGEV/000600
from the Ministry of People’s Power for Foreign Relations of the Bolivarian Republic of Venezuela, May 3, 2007.
58
The State notes that the state authorities are aware that they must carry out the procedural acts with the greatest
possible celerity in order to give effect to the Constitution and statute law.
11