saw during the visit, particularly the deplorable security and hygiene conditions at the
Penitentiary, which had led to new acts of violence as well as the death of several inmates in
incidents that had not been clarified, all while the provisional measures were in effect.
30. On May 11, 2005 a public hearing was held in Asunción, Paraguay before the InterAmerican Court, with the participation of representatives from the Commission,
representatives of the beneficiaries of the provisional measures and the State, in order for the
Court to hear arguments regarding the facts and circumstances relating to implementation of
the provisional measures ordered on November 22, 2004. On that date, a record was signed in
which the parties indicated their agreement to keep the provisional measures in effect and
agreed to bring to the consideration of the Inter-American Court a series of measures designed
to evaluate the possibility of providing specifics on the content of the resolution of the Court of
November 22, 2004.
31. According to the agreement on compliance signed by the parties in the framework of the
provisional measures, those measures included, with respect to prison staff: the need to
increase prison staff to ensure security within the facilities; to vary the surveillance patterns;
to purge the prison officer corps; to ensure their ongoing training and instruction; and to
require the authorities to report on the result of the investigations regarding operational
responsibility in deaths and injuries at the Penitentiary of Mendoza and the Gustavo André Unit
in Lavalle. They also included, with respect to separating inmates by categories: the need to
adopt measures needed to separate accused inmates from convicted inmates and young adults
from adults; and to develop a classification mechanism taking into account at least the criteria
established in Article 8 of the United Nation’s Minimum Rules for the Treatment of Prisoners.
They also included measures to keep weapons out of the facilities and to establish a
disciplinary regime consistent with the American Convention on Human Rights and other
applicable international instruments on human rights. The agreement signed in Asunción also
included measures to adopt progressive improvements in detention conditions, including
implementing a census of those housed within the provincial prison system; access to showers
and sanitary services that work; weekly provision of hygiene products; access to sufficient
potable water; lighting of all prison areas; prohibition on extended shutdowns and hooded
control groups and restrictions on visits; and prohibition on the entry of personnel with dogs in
the cell blocks and in the area where visits take place.
V.
ANALYSIS OF ADMISSIBILITY
A.
The Commission’s competence ratione personae, ratione loci, rationetemporis
and rationemateriae
32. In accordance with Article 44 of the American Convention, the petitioners are entitled to
submit a petition to the IACHR. At first, the petition identified as petitioners the inmates of a
cell block at the Penitentiary of Mendoza, and various inmates signed the petition.
Subsequently, the request for precautionary measures was submitted in the name of the
inmates of the Penitentiary of Mendoza and the Gustavo André Unit in Lavalle. When joining
the petition, the Commission identified as alleged victims the inmates of the Penitentiary of
Mendoza and the Gustavo André Unit in Lavalle, whose rights as provided under the American
Convention Argentina has undertaken to guarantee and respect. It should be noted that a
number of these inmates were identified by name during processing. The names of the original
petitioners are among these names. In addition, the Commission received a copy of the
complaint filed with the Defender of the People signed by various inmates of cell block 6 at the
Provincial Penitentiary of Mendoza. The Commission has also identified various victims through
copies of habeas corpus actions they filed and from other evidence submitted as part of the
processing of the precautionary and provisional measures. In addition, the Commission has
received hundreds of letters from inmates held at the Penitentiary of Mendoza. Other inmates
can also be identified through the Penitentiary’s intake records. With respect to the State, the
Commission points out that Argentina has been a party to the American Convention since
September 5, 1984, when it deposited the respective ratification instrument. Therefore, the
Commission is competent ratione personae to consider the petition.
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