4
103) Walter Yovany Banegas Sandoval, 104) Josué Ramón Hernández López, 105) José Antonio
Rodríguez, 106) Nelson Rafael Ortega Martínez, and 107) Edward Omar Tabora.
13.
The petitioners contend that the material facts of the present case must be viewed
against the much broader general backdrop of the gang phenomenon in Honduras. The course of
action that the State had opted to pursue in response to the phenomenon was reportedly law
enforcement policies known as “zero tolerance”; the policies’ objective was not to treat this social
problem or to rehabilitate the members of these groups, but rather to repress and wipe out gangs.
14.
The petitioners assert that the national prison system is rife with serious problems.
As examples, they cite the fact that the inmate capacity has been so far exceeded that the prison
administration reportedly regard as habitable, places in the prison that were never meant for that
purpose. They also point to the fact that the prisons are very run-down; many had been built
decades ago but no improvements have been made since and they had not been properly
maintained. They further contend that the General Bureau of Special Services, whose budget would
otherwise go almost entirely toward covering the costs of staffing the prisons and feeding the
inmates, was without funds; the prisons are not adequately staffed, but are particularly short on
prison security guards and medical staff in general; they also have no re-socialization programs, as
the State has virtually abandoned any effort to provide education and training within the prisons.
The petitioners contend that the prison administration publicly acknowledges this situation.
15.
As for the specific conditions in Cellblock 19 where the fire broke out, the petitioners
reported that it was an area of less than 200 square meters, made of cinder block and roof
sheeting. At the time of the fire, it was housing 183 people. It was cramped and had no natural
lighting; the only door was the entrance door and a small opening for ventilation near the ceiling.
The interior of the cell was covered with bunks and inmate belongings; the only area that was clear
was a narrow aisle area between the beds, which was how one from one place to another.
Cellblock 19 did not have a water service and water was supplied at irregular intervals between
7:00 p.m. and 4:00 a.m. On the night before the fire, there was allegedly no water supply.
16.
The petitioners report and document that some months before the catastrophic fire,
the directors of the San Pedro Sula Prison had sent letters to the electric power company, to the
General Bureau of Special Services and to other officials alerting them to the shoddy electrical
system at the prison. However, the public authorities allegedly failed to take the necessary
measures. The petitioners contend that the maintenance work on the electrical wiring and cables
within the prison was done by an inmate, who was unable to get into Cellblock 19 because the
inmates there would not let him in. In Cellblock 19, the inmates themselves made the modifications
they wanted to the Cellblock’s electrical outlets and wiring. Nowhere in the prison was anyone
checking to see what electrical devices were being brought in and installed. The prison
administration knew what was happening; nevertheless, no steps were taken to ensure safety at
the prison.
17.
The petitioners contend that the Honduran State’s international responsibility in the
death of the 107 victims in the present case is the direct result of its failure to honor its duty to
prevent; its negligence in failing to take the basic measures necessary to guarantee the victims’
lives and personal safety. In their original petition, the petitioners state that the principal omissions
that combined to cause the fire are as follows: (a) neglect of the electrical wiring and other parts of
the electrical system, as a result of which they became worn and frayed; (b) negligence in checking
the condition of the electrical outlets, wiring and other parts of the electrical system, leaving it to
the inmates themselves to do the necessary maintenance and checks; (c) the inefficacy of the
measures to control inmates’ use of electrical devices; (d) the lack of mechanisms that would allow
early intervention in the event of a fire, such as fire extinguishers or fire sprinkler systems, and (e)
the lack of an emergency protocol to organize the response by police and emergency personnel.