-4-
clause No. 7). They pointed out that the legislative measures mentioned by the State
“do not have a direct impact” on Messrs. Ruiz-Almengor and Rodríguez-Lara inasmuch
as “the special regime to which they are subject has not been modified.” In particular,
as regards the prison conditions under which Mr. Rodríguez-Lara is serving his
sentence, they stated that they “are the same as those that the Court […] found to be
incompatible with Article 5 of the Convention […] in the Case of Fermín Ram[í]rez,”
and; therefore, as a provisional measure, “the State should be ordered to adopt the
necessary measures for such conditions to cease and for the beneficiaries to be
provided with a work, education [and] outdoor exercise program.” As regards Mr. RuizAlmengor, the representatives stated, inter alia, that “it is not true” that his cell “has a
yard; therefore, he is kept in total and continuous confinement 24 hours a day.”
10.
The communication of the representatives of December 19, 2006, whereby they
submitted a compact disc “which contained pictures of sector 11 of the zone 18
detention center for men and the solitary confinement cells where Ronald Ernesto
Raxcacó-Reyes and Pablo Arturo Ruiz-Almengor are being held.”
11.
The note of the Secretariat of December 21, 2006, whereby, following the
President’s instructions, the parties were notified that it is not possible to fully
appreciate the actual conditions under which Mr. Ruiz-Almengor is being held from the
pictures submitted by the representatives. Therefore, the State was required to
appoint a public official whose acts command full faith and credit to conduct an
inspection of the detention centers where Messrs. Ruiz-Almengor and Rodríguez-Lara
are held to certify: i) the condition of their cells, especially their size, the number of
inmates being housed in such cells, the ventilation and access to natural light, and the
fixtures and furnishings of the cells; ii) the sanitary facilities available for the
beneficiaries, access to them, their condition, the water supply to the beneficiaries for
drinking and personal hygiene and the articles provided to them for personal hygiene;
iii) food supply, especially quality and quantity of meals and meal times; iv) medical
care and medication provided to the beneficiaries; v) work, educational, sport and
recreational activities performed by the beneficiaries, and vi) any other aspect as the
public official may deem relevant.
12.
The communication of the State of January 15, 2007, and its appendixes,
whereby it submitted: i) a report prepared by the Prison System General Office
regarding prison conditions under which Messrs. Ruiz-Almengor and Rodríguez-Lara
are serving their sentences; ii) two certificates showing that Mr. Ruiz-Almengor “is
registered in the work assignment and control records,” but “he is not registered in the
educational program record,” and iii) certified documents issued by a public official
whose acts command full faith and credit, as requested by the President of the Court
(supra Having Seen clause No. 11), certifying the prison conditions under which both
prisoners are being held.
13.
The communication of the representatives of January 23, 2007, whereby they
pointed out several inconsistencies between the report prepared by the Prison System
Office and the certified documents issued by the aforesaid public official (supra Having
Seen clause No. 12). In addition, they requested the Court to order the State to “[…]
improve, without delay,” the prison conditions facing the beneficiaries.
14.
The communication of the Inter-American Commission of January 23, 2007,
requesting that “a date be set for the submission of comments on this matter,
following receipt of the [comments] submitted by the beneficiaries.”
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