17
41. In this matter, the Tribunal highlights that almost six years have passed since the
provisional measures have been adopted. These measures have undoubtedly had a positive
effect toward overcoming the grave situation that has principally characterized the
Mendoza Provincial Penitentiary since the year 2004, taken into account the grave incidents
of violence inside the prisons and the loss of control and security by the authorities in
charge of guarding the inmates at certain times or periods. These effects have been
recognized by both the Commission and the representatives. The progress on issues of
security and detention conditions has already been indicated, as have the improvements in
the infrastructure of the complexes and the construction of another maximum-security
penitentiary (Almafuerte in Cacheuta) to allow for greater control the overcrowding
situation, in addition to other projects that are in progress. Although the violent deaths
continued during the years 2008 and 2009 (supra Considering 29), the rate of violent
incidents has steadily and significantly decreased, although it has also been confirmed that
suicides continue to take place in the penitentiary. Actions have been taken to prevent
overcrowding, such as the one tending toward the separation of inmates in the various
complexes according to category; the number of penitentiary personnel have been
increased; and the inspection system has been implemented for controlling weapons and
other objects prohibited within the prison.
42. The Court highlights the different commitments and agreements reached between the
State and the representatives of the beneficiaries, such as the document signed on May 11,
2005, in Asuncion,20 (supra Having Seen 3), as well as the recognition by the
representatives and the Commission of the actions carried out by the State (supra
Considering 18, 24, and 26).
43. It is important to note that the State has complied with its duty to report to the
Tribunal periodically on the steps taken to implement these measures.
44. Additionally, it is particularly relevant in this matter to highlight the impact that the
measures ordered have had on the actions of domestic legal authorities such as the
Supreme Court of Justice of the Nation and the Supreme Court of Justice of Mendoza, as
well as the attention of international oversight mechanisms like the United Nations
Committee against Torture and the United Nations Working Group on Arbitrary Detention.
Thus, for example, the Court recalls the adoption of several rulings on the domestic level
ordering the correction of the situation in the Mendoza Penitentiaries:
a), through writs of habeas corpus, the first one granted on March 23, 200721 and
the other granted on June 18, 2008, by the Second Oversight Court of the Judicial
Branch of Mendoza, ordering to immediately provide all "corrective measures to
safeguard at all times the physical and psychic integrity of the inmates housed in
Block 3 of the Provincial Penitentiary of the Province of Mendoza.”22 It also ordered
"to attend immediately to the needs of the inmates and resolve the conditions of
20
Matter of the Mendoza Penitentiaries regarding Argentina. Order of the Court of June 18, 2005.
Considering 31.
21
Cf. Matter of the Mendoza Penitentiaries. Provisional Measures regarding Argentina. Order of the Court of
August 22, 2007, Considering 14.
22
Cf. Second Oversight Court. Judicial Branch of Mendoza, habeas corpus dated June 18, 2008 (case file of
the provisional measures, Volume XIX, pages 6362 to 6372).