14 the lives of one hundred seven (107) of the one hundred eighty-three (183) inmates inside. Nor has it denied that the source of the fire was the deplorable condition of the electrical system, owing to the excessive number of electrical devices connected to the system, which overloaded it. The fire that broke out started precisely at the only door leading in or out of the cellblock and spread because of the many flammable objects such as curtains, sheets, mattresses, and wardrobes that the inmates used for their physical necessities. The flames spread rapidly, producing heavy smoke because of the flammable objects; the majority of the victims died from smoke inhalation […] 17 . 35. It is also proven that when the events of May 17, 2004 occurred, the San Pedro Sula Prison did not have the proper mechanisms to prevent and fight fires. The Director of the Prison at the time admitted as much in the witness statement he made to the DGIC [Dirección General de Investigaciones Criminales –General Bureau of Criminal Investigations]: “In the event of fire, we had no plan, since there had never been a fire. The only thing we did was to cordon off the dead zone and secure the guard station; the fire lasted approximately 30 minutes. The only alarm sounded was shots fired into the ground.” 18 As was apparent from several testimonies given by guards who were present on the scene, in practice the only instruction they had about responding to fires of this kind was to fire a warning shot. 19 In the witness statement he gave to the DGIC, prison guard Petronio Chavarría said the following: “In the event of a fire or a prison escape, the only instruction we had is the alarm; in the case of fire, we were also instructed to call the fire department.” When asked about evacuation plans in the event of fire, the prison guard answered that he was unaware of such a plan. 20 . 36. In their statements, the firefighters who went to the scene when the fire broke out stated that Cellblock 19 did not have extinguishers, and said that the only water there was for the toilets. 21 This problem was also pointed out by the prison administrator. 22 Some statements appear in the record of the initial hearing in criminal case 1009/04. 37. In the specific case of the drinking water system, the file on the investigations contains a note from Engineer Carlos Ramírez Paz to the prosecutor in the case, in which he describes the potable water system at the San Pedro Sula Prison as “inadequate and obsolete.” In his opinion, “the existing system poses a threat to the lives of the users.” In the note, the engineer recommends that hydrants be installed in order to be able to hook up fire hoses. 23 38. The State has neither objected to nor questioned the fact that the competent authorities were aware that the electrical wiring and other parts of the electrical system in the San 17 The State’s submission, received on February 28, 2007. 18 Original petition received on July 14, 2005. Annex 13. Case 1009/04. Folio 165: Witness statement made by Elías Aceituno Canaca. 19 The petitioners’ observations on the merits, dated April 10, 2009. Annex 20. CD with the record of the domestic court proceedings in the case and testimony. Case 1009/04. Volume I. Folio 171: Witness statement of Fredis Mezari García Vásquez; Folio 179: Witness statement of José Reinaldo Archaga; and Folio 186: Witness statement of Santos Evaristo Correa Gómez. 20 Original petition received on July 14, 2005. Annex 13. Case 1009/04. Folio 190: Witness statement of Petronio Chavarría. 21 Original petition received on July 14, 2005. Annex 12. Case 1009/04. Folio 1458: Record of Initial Hearing. 22 Original petition received on July 14, 2005. Annex 12. Case 1009/04. Folio 1456: Record of Initial Hearing. 23 The petitioners’ observations on the merits, dated April 10, 2009. Annex 20. CD with the record of the domestic court proceedings in the case and testimony. Case 1009/04. Volume III. Folios 1661-1662: Note that Carlos G. Ramírez Paz sent to Prosecutor Walter Menjivar. This note, dated May 20, 2004 (3 days after the fire) was sent with copy to the Director of the San Pedro Sula Prison and to the Office of the Prosecutor for Human Rights.

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