13
visit, the Commission concluded that the nonexistence of a contingency plan for violent or
unforeseen situations, the lack of control of the entry and possession of knives, the
insufficient and poorly trained penitentiary personnel, the failure to separate prisoners by
categories, and the deficient sanitary and physical conditions, are, among other things,
factors that increase the risk for individuals imprisoned or working in the detention centers.
31. The Court observes that, according to the information provided, two kinds of factual
situations can be distinguished in which the lives or integrity of the inmates have been at
risk or have been affected, namely, and according to seriousness: on one hand, incidents
of violence, and on the other, suicides. It should be recalled that since 2005 and through
the present day, serious incidents of violence have taken place and numerous individuals
have died in the provincial penitentiary under circumstances that are not fully clear; that
several inmates have been wounded and/or have suffered various kinds of humiliations in
situations of violence that could have been prevented; that deficient detention conditions
are still in place; that the investigations carried out have not produced solid results and
that deficiencies in the security conditions and internal controls persist, including with
regard to the entry and possession of weapons in the penitentiary facilities. During 2010,
incidents of suicide and other incidents of violence have taken place in which several
individuals have been injured due to fights with knives. Is reprehensible that while these
provisional measures have been in effect, incidents have taken place in which the lives and
integrity of individuals deprived of liberty have been irreparably affected. That is to say, it
should be clarified that despite the fact that the efforts of several State authorities to
improve the situation have had positive results, the provisional measures have not been
completely effective. Although the incidents that supposedly took place in the Almafuerte
penitentiary - highlighted by the representatives - are not the subject of these measures
(supra Considering 6), the Court observes that violent deaths have taken place in that
facility even though it was built by the State precisely in order to alleviate the situation of
overcrowding in the other penitentiaries. This could reveal a situation in which the violence
is being transferred and the situation in question is not being truly addressed. However,
the Tribunal notes that currently, a significant reduction has taken place in the incidents of
violent deaths in comparison with previous years. In sum, the Court notes that although
incidents of violence continue to take place, the situation of prison violence has generally
improved, as it has notably diminished in the last year.
iii)
On the request to lift the measures submitted by the State
32. The State has requested on several occasions since December of 2008 (supra Having
Seen 11) that these provisional measures be lifted on considering that the situation
originating the measures has disappeared. The State indicated that "the specific actions
taken by the Provincial State toward addressing the overcrowding, the separation of
inmates into categories, and the training and noteworthy increase in the number of
penitentiary personnel and education, among other things, [have] been demonstrated.
[These elements] have tended to diminish intra-prison violence and ensure the physical
integrity of inmates, preventing incidents of violence thereby also protecting the physical
integrity of penitentiary personnel." It highlighted that since the six deaths that took place
during the fire in 2004 in the Gustavo André Prison Colony, incidents of violence have not
been repeated in that facility, and a sprinkler system has been installed there as well. The
State also highlighted the increase in the number of penitentiary officers since 2004 to