59
143. The State must take actions to prevent further violations of human rights like
the ones committed in the instant case; therefore, it must adopt any necessary
measures of legal, administrative and other nature that help prevent occurrence of
similar events, in compliance with its duty to foster prevention and secure the rights
protected under the American Convention.
144. In particular, the State must, within a reasonable time, adapt its domestic
laws to the provisions of the American Convention so that they: a) adequately
conform to international legal standards on the use of force by law enforcement
officers under the provisions of paragraph 75 in the instant Judgment; b) take action
to implement a surveillance penitentiary service of nonmilitary nature; c) secure an
efficient procedure or system to file petitions before competent, impartial and
independent authorities for the investigation of complaints on human rights
violations filed by inmates, in particular, on illegal use of force exerted by state
agents; d) secure that the investigations of human rights violations be carried out by
ordinary prosecutors and judges instead of military prosecutors and judges.
d)
Incarceration conditions to conform to international standards
145. As ordered in other cases by the Court184 and as a measure of non-repetition
guarantee, the State must adopt, within a reasonable time, the necessary measures
to have incarceration conditions conform to internationally accepted standards.
146. In particular, the State must guarantee that the living conditions of the
inmates are the result of the respect due to their dignity as human beings; including,
inter alia: a) bed space that meets minimum standards; b) accommodation which is
ventilated and naturally lit; c) regular access to clean toilets and showers securing
toilet privacy; d) adequate, timely and sufficient food and health care; and e) access
to educational, employment and other opportunities to assist inmates towards a law
abiding and self supporting life.
e)
Educational measures
147. As set out in paragraphs 60(16), 60(19), 60(20) and 72 to 74 in the instant
Judgment, state agents made an excessive use of force that derived in the death of
the victims. Furthermore, the Court stated that in order to adequately secure the
right to life, security forces must be properly educated and trained.
148. Consequently, the Court wishes to remind Venezuela of its decision in a
previous case,185 where it found that:
the State must take all necessary steps […] to educate and train all members of its armed
forces and its security agencies regarding principles and provisions on protection of human
rights and the limits to which the use of weapons by law enforcement officials is subject,
even under a state of emergency. Right to life cannot be violated to support maintenance
of public order. Furthermore, the State must adjust operational plans regarding public
disturbances to requirements of respect for and protection of said rights, and to this end
take among other steps those required to control actions by all members of security forces
184
Cf. Case of Raxcacó-Reyes, supra note 144, para. 134; Case of Fermín Ramírez, supra note 144,
para. 130; Case of Caesar. Judgment of March 11, 2005. Series C No. 123, para. 134, and Case of Lori
Berenson-Mejía. Judgment of November 25, 2004. Series C No. 119, para. 241.
185
Cf. Case of Caracazo. Reparations (Art. 63(1) American Convention on Human Rights), supra
note 133.
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