7.
The Inter-American Commission indicated that the acts of torture and illtreatment recorded in the videos that came to light were not isolated events, but reveal
a systematic practice by the agents of the Mendoza Prison Service. In relation to the
briefs of the petitioners’ representatives of February 2, 6 and 10, 2011, the Commission
provided the following elements:
i)
Statement made by William Vargas to Diario UNO on February 10, 2011;
ii) Statements made by Walter Fabián Correa during a visit to the San Felipe Unit
by the legal advisers of the Assistant Secretariat of Justice and Human Rights
and of the Human Rights Directorate on February 8, 2011, in which Carlos Varela
also participated;
iii) Accounts given by the inmates, Andrés Yacante and Matías Marcel Tello Sánchez,
during a visit to the San Felipe Unit by the lawyer Carlos Varela on February 6,
2011;
iv) Audiovisual information;
v) Letter from the President of the Human Rights and Guarantees Commission of
the Chamber of Deputies of the province of Mendoza addressed to the Executive
Secretary of the Inter-American Commission dated February 14, 2011, stating
that he had received complaints of mistreatment and appalling detention
conditions from next of kin of inmates, before the videos came to light, and that
it had been “possible to verify that this was not an isolated event because the
videos that were found reveal that the inmates are mistreated in different places
and also the incidents happened during different periods of time”;
vi) Statements made to the press in Mendoza by the Prison Attorney, Francisco
Mugnolo, on February 10, 2011, in which he asserted ���that episodes of torture
such as those recorded are common in Argentine prisons, and that one of the
reasons why this happens is the deficient training of prison agents.” In other
declarations, the Attorney stated that “the violation of the human rights of
detainees is a daily practice,” and
vii) Other complaints concerning similar acts filed by inmates after the alleged acts
of torture committed against William Vargas and Walter F. Correa had become
public.
8.
In addition, the Commission indicated that there is a culture of violence,
irresponsibility and indiscipline among the members of the Provincial Penitentiary
Service. They presented the following elements in support of this affirmation:
i)
“A video recorded on September 5, 2010, that shows the prison staff of the
San Felipe Unit fighting with gloves at night, in the absence of any sporting
or training context. This is happening while they smoke and drink mate. In
the background can be heard the voice of the person filming who repeats
phrases such as: “the first man who fails to get up loses”;
6