9.
Without prejudice to the fact that there is no final information on the total number
of people who died and were injured at the Judicial Penitentiary Center during the events
occurring since June 12, 2011 and up to the moment of the adoption of the present
Order, from the information provided it can be concluded that at least 25 people have
died and another 60 were injured, among both detainees and officials of the National
Bolivarian Guard, in circumstances that have not yet been fully ascertained (supra
Considering Clauses 6(b), 6(d), 6(f), and 6(k)). For the Court said acts are inconceivable
within the framework of the protection due by the State to the people under its
jurisdiction, and incompatible with the order of provisional measures issued by this
Tribunal.
10.
On the other hand, the State informed the Tribunal that, after the riot,
approximately 2,573 inmates were transferred to other penitentiary centers (supra
Considering Clause 6(i)). Regarding these transfers, the State indicated that they would
be of a temporary measure. Additionally, the State reported that some of the injured
inmates would still remain at health centers (supra Considering Clause 6(d)). The
Commission noted the need that the State provide detailed information as to the current
conditions of imprisonment of the people previously detained at El Rodeo and the nature
of the transfers, as well as the measures adopted to guarantee that the transfers do not
worsen the grave situation of the prisons that are also the object of protection of these
provisional measures, thus making sure they do not create a situation of greater risk for
the inmates transferred. In this regard, the State filed lists that contain the new location
of the detainees transferred from El Rodeo to other penitentiary centers (supra Having
Seen 12).
11.
Regarding the beneficiaries of the present measures, it is appropriate to clarify
that they are identifiable and represent those people who on June 12, 2011, at the time
the facts started, were detained at El Rodeo I and El Rodeo II, regardless of the change
in location of their imprisonment, as their custody continues to be the State’s
responsibility. In this vein, the Tribunal points out that some beneficiaries are at
penitentiary centers whose population is also subject to protective measures.7
12.
Concerning those people who have been transferred to penitentiary centers that
are not the subject of the present provisional measures or to health centers, in the
understanding that these transfers are temporary, as indicated by the State –
approximately 15 days until “a series of modifications” are made “to the physical
structure of the [J]udicial [C]onfinement [C]enter” - the latter must immediately and
effectively adopt all the measures necessary to guarantee said people their rights to life
and humane treatment, until they are relocated to the El Rodeo I and El Rodeo II Capital
Judicial Confinement Center or the State reports that their transfer is final.
7
Matter of the Aragua Penitentiary Center “Tocorón Prison”. Provisional Measures regarding Venezuela.
Order of the Inter-American Court of Human Rights of November 24, 2010; Matter of the Penitentiary Center of
the Occidental Central Region (Uribana Prison). Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of February 2, 2007, and Matter of Yare I and Yare II Capital Region
Penitentiary Center (Yare Prison). Provisional Measures regarding Venezuela. Order of the Inter-American Court
of Human Rights of March 30, 2006.
7