6
Prison Farm, observed "with satisfaction that all of them benefit from technical training
programs in agricultural work, programs that are run by professionals."
9.
With regard to sanitary and health conditions, the State indicated that it had taken
several measures to improve the situation of those deprived of liberty in the
penitentiaries.12 The representatives observed that "it is true that a health program has
been implemented that has improved coverage with regard to the physical health of the
inmates. However, the greater concern is the mental health of the penitentiary population"
due to the high number of suicides. For its part, although the Commission viewed positively
information provided by the State, it highlighted that suicides continue to take place and
observed that the State failed to present "precise information with regard to the conditions
of the sanitary facilities, access to portable water, and hygiene measures."
10. These provisional measures arose out of the situation of extreme urgency and gravity
characterized by intra-prison violence that put the lives and integrity of the inmates in
grave risk due to the grave overcrowding situation, security and guard deficiencies, and the
existence of weapons held by the inmates, among other factors. Specifically, in its order
handed down on March 30, 2006, the Court found that the goal of these measures is
focused on effectively protecting the life and integrity of all the persons held in custody in
the Mendoza Provincial Prison and those in the Gustavo André Unit of Lavalle, as well as
every person found within those facilities, especially to “eradicate the risk of violent death
and the deficient conditions of security and internal control in confinement centers.”13 At
that time it was found that, among other measures necessary to overcome that situation,
the State must prioritize the following: An increase in the number of penitentiary personnel
intended to guarantee security in the facilities; the elimination of weapons within the
facility; a change in guard patterns in such a way as to ensure adequate oversight, and the
effective presence of penitentiary personnel in the blocks; and to apply these measures
immediately in order to "progressively improve the conditions of detention." Subsequent to
that Order, the Court has viewed positively the agreements reached between the State, the
Commission, and the representatives, expressed in the so-called "Asunción Accords,"
establishing a series of measures to be applied immediately, along with other measures to
be applied more gradually and progressively, without this implying that the Court must
supervise those agreements given the purpose of the measures and the fact that an open
petition exists before the Inter-American System.14
11. Taking this into account, the Court views positively the information submitted by the
State on the different measures taken to improve detention conditions through programs
12
The State made reference, inter alia, to the carrying out of "projects to disinfect the accommodations;" to
provide the inmates on a monthly basis with basic products for personal cleaning and the cleaning of the facilities;
in the Boulogne Sur Mer complex, medical care for the population is provided under a model that allows for
efficient and organized medical, dental, and psychiatric supervision of the inmates; "permanent control of the
population [has been established] for the control of the HIV virus;" "the opening of a ‘Health Statistics and
Planning’ office [has been formalized] whose primary function focuses on all the possible information concerning
the medical and sanitary system.”
13
Matter of the Mendoza Penitentiaries. Order of the Court of June 18, 2005, supra footnote 4, operative
paragraphs.
14
12.
Matter of the Mendoza Penitentiaries. Order of the Court of June 18, 2005, supra footnote 4, Considering