Order of the
Inter-American Court of Human Rights *
of November 24, 2009
Provisional Measures regarding Venezuela
Matter of
Monagas Judicial Confinement Center (“La Pica”);
Yare I and Yare II Capital Region Penitentiary Center (Yare Prison);
Penitentiary Center of the Central Occidental Region
(Uribana Prison) and
Capital El Rodeo I and Rodeo II Judicial Confinement Center
Having Seen:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter, the “InterAmerican Court”, “the Court” or “the Tribunal”) of January 13 and February 9, 2006 and of
July 3, 2007, in the matter of the Monagas Judicial Confinement Center (“La Pica”). In the
latter, the Tribunal decided, inter alia:
1.
[t]o reiterate that the State must maintain the measures the State has informed it is
adopting, as well as to adopt forthwith the supplementary measures necessary to efficiently and
definitively avoid violence within the Monagas Confinement Center (“La Pica”), so that no inmate
or person in the Confinement Center is killed or treated inhumanely[;]
2.
[T]o reiterate that the State must, without prejudice to the measures for immediate
implementation ordered in the preceding operative paragraph, adopt those measures necessary
to: a) substantially reduce overcrowding in the Monagas Confinement Center […]), b) confiscate
any weapons found in the possession of inmates, c) separate the accused inmates from the
convicted inmates, d) conform the existing detention conditions in the Monagas Confinement
Center (“La Pica”) to the applicable international standards and e) provide any necessary health
care to the inmates so that their right to humane treatment is guaranteed. In this manner, the
State shall, together with the participation of the representatives of the beneficiaries of these
provisional measures, conduct a periodic inspection of detention conditions and of the physical
and emotional state of the detainees [;]
[…]
2.
The Orders of the Inter-American Court of March 30, 2006 and November 30, 2007,
in the matter of the Yare I and Yare II Capital Region Penitentiary Center (Yare Prison). In
the latter, the Tribunal decided, inter alia:
1.
To repeat that the State must maintain the measures that it has already adopted, as
well as immediately adopt complementary measures as may be necessary to effectively and
*
Due to reasons of force majeure, the President of the Court, Judge Cecilia Medina Quiroga, and Judge
Leonardo A. Franco, did not participate in the deliberation and delivery of this Order. The Vice-President, Judge
Diego García-Sayán, assumed the Presidency, according to article 5(1) of the Rules of Procedure of the Court.