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overcrowding,’ the abysmal conditions of the physical infrastructure, health care
services and food, and also the lack of personnel who are ‘duly qualified to avoid the
continuous outbreaks of violence,’” and
(f)
On February 2, 2011, there was a riot in the prison, involving firearms, that
left five inmates dead and one wounded.
3.
The Commission’s legal arguments to justify its request for provisional measures, in
which it indicated that:
(a)
The acts of violence that have occurred inside the prison since the end of
2010 have resulted in the death of 10 people and left approximately 40 individuals
injured in less than four months. This proves the existence of a situation of extreme
gravity and urgency, and the need to avoid irreparable harm to those deprived of
their liberty and others present in the Vista Hermosa Prison, who have been suffering
serious acts against their life and physical integrity;
(b)
From the information available, it appears that the State of Venezuela has not
adopted effective measures to protect the life and physical integrity of the potential
beneficiaries or to halt the trafficking of weapons inside the prison, which
demonstrates a lack of effective control by the prison authorities;
(c)
In similar situations of prison violence in Venezuela, this Court has seen fit to
grant and maintain measures in favor of the beneficiaries in an effort to eliminate
acts of violence and to prevent loss of life and harm to the physical integrity of all
persons subject to State control, and
(d)
The violent situation inside the Vista Hermosa Prison has become extreme,
making it necessary for the Court to intervene through the mechanism of provisional
measures.
4.
The Inter-American Commission’s request that the Court, based on Article 63(2) of
the American Convention and Article 27 of the Rules of Procedure, order the State to:
(a)
Implement provisional measures to protect the life and right to physical integrity
of the persons deprived of their liberty and all others who may be present in the
detention center;
(b)
Make every possible effort to achieve effective control of the detention center in
strict observance of the human rights of the inmates; eliminate the extreme
overcrowding that leads to acts of violence; provide the prison with sufficient trained
guards equipped with the means required to perform their functions adequately, and to
identify and address the root causes that permit the trafficking of weapons within the
prison;
(c)
Ensure that the planning and execution of the measures is carried out with the
participation of the representatives of the beneficiaries and that the State report
periodically on any progress in their implementation.
5.
The Secretariat’s note of March 25, 2011, whereby, on the instructions of the
President of the Court and based on Article 27(5) of the Rules of Procedure, it asked the
State to submit its observations on the request for provisional measures, as well as any
other documentation it deemed relevant by April 1, 2011, at the latest.