5 9. The brief of November 19, 2010 whereby Mr. Humberto Prado, Coordinator of the Venezuelan Prison Observatory, the representatives of the beneficiaries, indicated that: a) the representatives recognize the actions undertaken by the State to “improve the living conditions of incarcerated person in Venezuelan correctional facilities”; however, they stated that “[these actions] have been neither sufficient nor conclusive” because the problems have grown more acute; b) in Tocorón prison, the holding capacity of the male wing is 750, which according to the total population figure provided by the State translates into overcrowding of around 399.33% without any sort of due classification or separation of inmates. As a consequence, areas designated for social rehabilitative activities have been instead utilized to house inmates. Furthermore, the representatives highlighted that the number of persons awaiting trial is greater than those who have been convicted; thus, the State must promote a more speedy legal process; c) the State hopes to ignore the deaths caused by illness by classifying them as nonviolent despite the fact that, no matter the cause, manner, or condition of death, these people were under the protection of the State. Of the four deaths mentioned as being non-violent, three were due to sicknesses that could only become deadly if not attended to or properly checked by medical personnel. The remaining case of death by sickness could have been anticipated if the proper access to medical care had existed; d) the number of wounded and dead as a consequence of the events of late September 2010 is greater than that indicated by the State, and at the present time individuals remain in the infirmary for serious injuries who have not been provided due medical care. Thus, the representatives moved that the State be urged to provide medical equipment, medicine, and qualified personnel to attend to the elevated number of sick and wounded; e) regarding the inspection mentioned by the State which “last[ed] until the beginning of October,” the inmates remarked that “one (1) tank and six (6) armored vehicles arrived at the prison. Once the officials entered the facility, the inmate population was taken to fields located at the rear part of the building where the prisoners were left outdoors over the course of three days without protection from the sun or rain for 12 hours a day, except for September 30th when they remained there from six in the morning to nine at night.” During that time “the entire population was on its feet,” and “the water and food supplies were scarce and in poor condition.” The socalled “buggies” - improvised spaces for inmates to stay the night and keep their possessions - “were destroyed by the troops that conducted the search [...], seizing the inmates’ belongings.” Furthermore, the shed and workshop area were “set alight by these same officials, burning with them the facilities and all the belongings of the inmates who slept there”; f) working groups were held with spokespersons from the inmate community and representatives of the State government, the National Directorate of Corrections, the

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