11 At 9:30 a.m. I walked out into the street where many next of kin had gathered. I gave them the list of those who had survived and were inside the prison. […] By that time, there were some 200 people outside the prison, most of whom were relatives of the young men. They were waiting for information. At 1:00 pm. I returned and read aloud the list of those who were in the hospital. One hour later I had to read the names of the deceased; the reaction of the next of kin ranged anywhere from crying, screaming, fainting to indignation. The scene was one of pain and suffering. THE SITUATION AT THE MORGUE I was at the morgue for at least five days, witnessing autopsies, speaking with and consoling family members, and trying to find the fastest way to get the bodies to loved ones. The forensic physician in charge of the autopsy operation had many young physicians working for him; some were from Tegucigalpa, others from elsewhere. The idea was to get the autopsies done as quickly as possible. […] Even so, by the third day the next of kin waiting outside were getting desperate and tried to break through the fence to get into the morgue. The problem in the identification of the bodies was comparing photographs of the deceased with their identification cards and other documents. The bodies were inside trucks with refrigerated containers, and were taken out one by one as the autopsy process moved along. The coffins were waiting to receive the bodies of the deceased. The national government gave each family of a deceased victim 10,000 lempiras to cover the expense of moving the bodies and funerals. The money was handed over at the courthouse and at the hospital in the case of the next of kin of the injured. For many family members it was a long wait, hence their sense of desperation and the protests. Little by little the bodies were handed over to families. It is my understanding that some of the deceased -very few in fact- were in the morgue for a long time because no one came to claim the body. […] STRUCTURAL NEGLECT OF AN OBSOLETE SYSTEM A fact-finding committee was appointed but no criminal blame was assigned. I believe that. […] the electrical system was old and failed. It was unable to carry so much electric power. There was no strategy in place for evacuating the sleeping quarters in the event of a fire, nor were there sufficient fire extinguishers on scene. So that the structural neglect was of enormous proportions and caused an enormous tragedy. 10 B. Causes of the fire in Cellblock 19: the shoddy electrical system. The competent authorities’ awareness of the condition of the electrical system 31. The problems with the electrical system at the San Pedro Sula Prison were public knowledge, and had been brought to the authorities’ attention. 11 Indeed, just two months before the fire in Cellblock 19, the then Director of the prison sent a letter to the Northwestern Manager of the Northern Division of the Electric Power Company to the following effect: “I am writing to request your help in trying to improve or correct the electrical system in the prison, since the one we have has “collapsed” and we run the risk of a fire, mainly on hot summer days.” 12 This same message was sent, with copy to, inter alia, the Director General of Special Preventive Services, the 10 The petitioners’ observations on the merits, dated April 10, 2009. Annex 4. Testimony of Monsignor Rómulo Emiliani. San Pedro Sula Auxiliary Bishop, founder of the “United for Life” Association to work on the rehabilitation of the gang members. It was his frequent habit to visit the gang members incarcerated in the San Pedro Sula Prison. 11 Original petition received on July 14, 2005, p. 10 and Annex 9. Case 1009/04. Folios 1942: Letter that the then Director of the Prison, José Francisco Blanco Ulloa, sent to the Northwestern Manager of the Northern Division of the National Electric Power Company (ENEE) on November 14, 2003; Annex 8. Article published in La Prensa on Wednesday, May 19, 2004; and Annex 10. Article published in La Prensa on Saturday, May 22, 2004. The petitioners’ submission of April 21, 2007. Annex: CONADEH. Special Report with recommendations on the fire in the San Pedro Sula Prison on May 17, 2004, p. 7. 12 Original petition received on July 14, 2005. Annex 18. Case 1009/04. Folio 1925: Letter that the Head of the Prison, Elías Aceituno Canaca, sent to the Northwestern Manager of the Northern Division of the National Electric Power Company (ENEE), March 19, 2004.