adequate trained staff to ensure appropriate and effective control, custody and
surveillance of the prison.10
14.
In the context of these provisional measures, the Court considers it is appropriate
to emphasize the State's duty to offer special attention to pregnant and nursing women
during their detention.11 Moreover, it is the duty of the State to protect women against
all forms of discrimination and violence,12 even more when they are held in custody of
the State, which is why they must be separated from men13 and be supervised and
checked by female officer.14
15.
The standard of prima facie assessment of a case and the application of
presumptions due to the need for protection have, on different occasions, led this Court
to order measures.15 Despite the fact that the Court has deemed, in similar cases, it is
essential to individually identify the people who are in danger of suffering an irreparable
damage in order to issue provisional measures,16 in other cases, the Court has issued
provisional measures in favor of people who have not been already individualized but can
be determined and identified and are in danger of suffering an irreparable damage due to
10
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Request for
Provisional Measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of February
2, 2007, eleventh considering paragraph, and Matter of the Ciudad Bolivar Judicial Detention Center (“Villa
Hermosa Prison”). Provisional Measures with regard to Venezuela. Order of the Inter-American Court of Human
Rights of May 15, 2011, sixteenth considering paragraph.
11
Cf. Case of the Miguel Castro Castro Prison v. Peru. Merits, Reparations and Costs. Judgment of
November 25, 2006. Series C N° 160, para. 303, and Case of González et al. (“Cotton Field”) v. Mexico.
Preliminary Objection, Merits, Reparations and Costs. Judgment of November 16, 2009. Series C N° 205, para.
397. See also, U.N., Minimum Rules for the treatment of prisoners. Adopted by the First United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955 and approved by
the Economic and Social Council in its resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13,
1977, Rule 23 and U.N., General Assembly, Body of Principles for the Protection of All Persons under Any Form
of Detention or Imprisonment, Resolution 43/173 of December 9, 1988, Principle 5.2.
12
In this respect, see Inter-American Convention on the Prevention, Punishment, and Eradication of
Violence against Women (Convention of Belém do Pará), Articles 1 and 2. Venezuela ratified said Convention on
January 16, 1995, and deposited the instrument of ratification on February 3, 1995. See also, U.N., Committee
on the Elimination of Discrimination against Women, 11th period of sessions. General Comment N° 19 "Violence
against women". Doc. HRI/GEN/1/Rev. 1at84 (1994), para. 6.
13
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison), second
Operative Paragraph. See also, U.N., Standard Minimum Rules for the Treatment of Prisoners, adopted by the
First United Nations Congress on the Prevention of Crime and Treatment of Offenders, held in Geneva in 1955
and approved by the Economic and Social Council in Resolution 663C (XXIV) of July 31, 1957 and 2076 (LXII)
of May 13, 1977, Rule 8.
14
Cf. U.N., Standard Minimum Rules for the Treatment of Prisoners, adopted by the First United Nations
Congress on the Prevention of Crime and Treatment of Offenders, held in Geneva in 1955 and approved by the
Economic and Social Council in Resolution 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977, Rule
53.
15
Cf., inter alia, Case of Caballero Delgado and Santana. Request for Provisional Measures with regard to
Colombia. Order of the Inter-American Court of Human Rights of December 7, 1994, third considering
paragraph, and Matter of the Socio-Educational Internment Facility. Provisional Measures with regard to Brazil.
Order of the Inter-American Court of Human Rights of February 25, 2011, fifth considering paragraph.
16
Cf. Case of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Request for
Provisional Measures with regard to the Dominican Republic. Order of the Inter-American Court of Human
Rights of August 18, 2000, eight considering paragraph, and Matter of the Ciudad Bolivar Judicial Detention
Center (“Villa Hermosa Prison”), seventeenth considering paragraph.
9