ii)
“Another two videos in which prison staff, in an undisciplined and
irresponsible manner, annoy each other and end up hitting and kicking each
other ‘fraternally’ but visibly arousing their tempers”;
iii)
Three groups of photographs in which the prison staff can be observed in
various obscene situations or justifying violence during the exercise of their
functions;
iv)
Newspaper articles according to which, in November 2009, a candidate for
the Mendoza Prison Service reported that one of the instructors submitted his
students to physical abuse. The “existence of this complaint was confirmed
by the Director of the Prison Service and the instructor has been removed
from his post while an investigation is undertaken.”
9.
Regarding the foregoing, the State argued that “[t]he specific acts of violence
that came to light in February 2011, and regarding which the Commission bases its
request to re-open provisional measures, do not constitute a systematic pattern of
torture and cruel, inhuman or degrading treatment of the inmates by prison staff. These
are isolated acts of violence, whose common denominator is the identity of the authors
who have been deprived of their liberty and charged with the offenses committed.”
10.
With regard to the elements provided by the Commission, and in relation to the
petitioners’ allegations of a possible systematic practice of torture based on a letter
from a deputy reproduced by the Commission, the State acknowledged that the alleged
acts took place in different parts of the establishment, but indicated that the same
prison staff intervened in each of the alleged acts. Consequently, the fact that the acts
occurred in different places within the establishment could not prove that a general
pattern exists, but merely that they were acts of “a specific and identified group of
prison guards who are being investigated by the provincial system of justice.” It
indicated that these individuals are being processed under the most severe
administrative charges possible and are no longer able to affect the rights of the
inmates.
11.
With regard to the declarations of the Prison Attorney, the State indicated that
his powers relate to federal rather than provincial inmates; that the last time the Prison
Attorney visited the Mendoza prisons was in 2007, and that he had not visited any of
the prisons of the province of Mendoza since then. Regarding the complaints mentioned
by the President of the Human Rights and Guarantees Commission of the Chamber of
Deputies of the province of Mendoza, the State affirmed that it was unaware of these
complaints and that, although it had requested them, it had not yet received a response
to the said request; hence, the “provincial Executive Branch is unaware of the content
of the said complaints received from the [said] Deputy or of how they have been dealt
with.”
12.
Lastly, in its observations on the State’s brief, the Commission added, with
regard to the evidence of a systematic practice that, in the context of the provisional
measures, it was “sufficient that there is prima facie evidence of the extreme gravity,
urgency and irreparability of the damage.” Furthermore, it mentioned that the State
had merely established that “only seven guards were responsible for torturing the
inmates, and that they were being prosecuted, without offering any other information
7