21.
Based on all the foregoing, it is correct to maintain in force these provisional
measures by virtue of which the State is compelled to protect the life and integrity of all
the people that on June 12, 2011 were imprisoned at the El Rodeo I and El Rodeo II
Capital Judicial Confinement Centers, as well as that of Mr. Humberto Prado.
22.
Without prejudice for the aforementioned, the Tribunal considers it appropriate to
recall that besides the measures ordered in the present matter, other Venezuelan
penitentiary centers are under provisional measures ordered by the Tribunal,14 as well as
those ordered in the case of Montero Aranguren et al. (Detention Center of Catia) v.
Venezuela,15 within the framework of its contentious case jurisdiction, in which it
established the State’s international responsibility for the prison conditions of said
premises and ordered, inter alia, that:
145.
[…] as a measure of non-repetition guarantee, the State [should] adopt, within a reasonable
time, the necessary measures to have incarceration conditions conform to internationally accepted
standards.
146.
In particular, the State [should] guarantee that the living conditions of the inmates are the
result of the respect due to their dignity as human beings; including, inter alia: a) bed space that
meets minimum standards; b) accommodation which is ventilated and naturally lit; c) regular access
to clean toilets and showers securing toilet privacy; d) adequate, timely and sufficient food and health
care; and e) access to educational, employment and other opportunities to assist inmates towards a
law abiding and self-supporting life.
23.
In conclusion, we recall that the measures adopted in the matters of the Monagas
Detention Center (“La Pica”), the Capital Region Penitentiary Center Yare I and Yare II
(Yare Prison); the Occidental Region Penitentiary Center (Uribana Prison); Penitentiary
Center of Aragua “Tocorón Prison”, and the Ciudad Bolívar Judicial Detention Center
“Vista Hermosa Prison” are still in force and that the joinder of the proceedings on
provisional measures ordered in the matters of specific penitentiary centers of Venezuela
subsists.
Therefore, the parties must submit the information required on the
implementation of the provisional measures at all the penitentiary centers subject to
provisional measures ordered by this Court, pursuant to the Orders of May 15, 2011
(supra Having Seen 3 and 4).
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority conferred upon it by Article 63(2) of the American Convention
on Human Rights and Articles 27 and 31(2) of the Court’s Rules of Procedure,16
14
Monagas Judicial Confinement Center (“La Pica”); Yare I and Yare II Capital Region Penitentiary Center
(Yare Prison); Penitentiary Center of the Central Occidental Region (Uribana Prison); Aragua Penitentiary Center
“Tocorón Prison”, and Judicial Confinement Center of Ciudad Bolívar “Vista Hermosa Prison”.
15
Cfr. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela, supra note 6, paras.
145 and 146.
16
Rules of Procedure of the Court approved in its LXXXV Regular Session held from November 16th to 28,
2009.
10