4
Bolivarian National Guard of Venezuela, an inspection of the entire area was
undertaken, leading to the discovery of contraband. The female wing was not the
target of the search. Furthermore, during the aforementioned capture, daily food
and water rations were delivered to the inmate population; medical attention was
provided to the wounded; and the dead were removed by the Corps of Scientific,
Penal, and Criminal Investigations (“CICPC”). By means of dissuasion, dialogue, and
persuasion, it was not necessary to utilize weapons or violence to enter into the
facility;
e) following these events, working sessions were held together with spokespersons
from the inmate community, State authorities, and a group of family members.
After these meetings, various activities were conducted including receipt,
verification, and updating of records; recovery of damaged areas; trash collection;
psychosocial evaluations; and legal assessments of inmates to determine their legal
situation and the status of their fulfillment of the requirements for the provision of
measures alternative to compliance with the sentence;
f) the external custody and the control of the entrance to the Araguan Correctional
Facility are under the auspices of approximately 60 officers of the Bolivarian National
Guard. These officers monitor the security perimeter by way of 14 checkpoints and
have established methods to control the facility’s entrance and exit.
The
Ombudsman is also present during visiting days in order to monitor all matters
related to the entrance and exit of the inmates’ family members;
g) after the aforementioned capture of the facility, the health services area was
strengthened so as to provide better care for inmates. Additionally, at present a
total of 749 inmates take part in educational activities at this correctional facility;
and
h) “historically, the media have [sought to] discredit the State’s function in correctional
matters” and “have engaged in value-laden coverage of negative events that are
associated with an already complex correctional system.” The recent happenings in
the Araguan Correctional Facility were no exception.
8.
The observations presented by the Inter-American Commission in its November 12,
2010 brief in which it stated that “the State of Venezuela did not report on immediate
measures to preserve life or human treatment [... but rather] on general measures in the
median and long term that are not directly related to the dangers present in this
correctional facility.” The Commission also observed that the State “did not dispute [the
fact that] in the years 2008, 2009, and 2010 violent deaths occurred in the facility,” where
the State has special protection obligations in its capacity as guarantor. Regarding the riot
that began on September 27, 2010, a situation that could have been controlled by the
State, the Commission assessed the information provided by the State but stressed that
“the State’s intervention has failed to remedy the structural problems of violence that have
led to loss of life and violations to the right of humane treatment of dozens of inmates in
recent years at Tocorón prison[,] and [these violations] continue to occur.” According to
the Commission, the proffered information regarding the manner in which the media have
covered the situation in Venezuelan prisons “is not at all relevant to an analysis of the
elements of extreme gravity, urgency, and the need to avoid irreparable harm.” In
conclusion, the Commission requested that the Court ratify the urgent measures ordered by
the President of the Tribunal.