within the Honduran prison system, such as the enormous fires that have occurred recently
(supra para. 24) among other critical situations that are public knowledge, during which
hundreds of individuals have died. Based on the foregoing, the Court finds it of paramount
importance that the State implement immediately effective measures to avoid the repetition
of such incidents. Consequently, it endorses the measures agreed upon as follows.
a) Construction and improvement of the physical conditions of the prisons
95.
Under the friendly settlement agreement, the State undertook to build a prison to
replace the existing San Pedro Sula Prison that would respond to the need to improve the
living conditions of those deprived of liberty according to the corresponding international
standards. In addition, it undertook to improve the physical conditions of the nine prisons
declared to be in a state of emergency, namely: San Pedro Sula, Santa Bárbara, Puerto
Cortés, La Esperanza, El Progreso, Trujillo, Yoro, La Ceiba and Puerto Lempira, taking into
account the relevant international standards. The timetable for implementation and
compliance with the agreement (hereinafter “implementation timetable”) provides for the
commencement of the construction of the new San Pedro Sula Prison immediately following
the award of the project by public tender in 2013, and will continue in 2014 following the
approval of funds in the general budget of the Republic for the said fiscal years. Moreover,
the assessment and identification of the physical needs of the nine prisons declared to be in
a state of emergency will be carried out between April and December 2012, and the
improvements will commence in 2014 and 2015.95
96.
This Court assesses positively the State’s undertaking to build a new prison in San
Pedro Sula and to improve another eight prisons (supra para. 95). In this regard, the State
must adopt, within the agreed time frames, the legislative, administrative or other
measures required to improve substantially the conditions at these centers, adapting them
to the international standards established in paragraphs 67 and 68 of this Judgment, mainly
in order to prevent fires and other hazardous situations as well as to prevent overpopulation
and overcrowding, which hinder the normal execution of essential tasks in prisons, such as
those relating to health, rest, hygiene, nutrition, safety, education, work, recreation,
rehabilitation and the visiting regime of the inmates, cause the general deterioration of the
physical facilities, lead to serious problems of coexistence, and encourage violence within
the prison.96
97.
However, since the commitments made in the agreement will be executed over the
medium term, the Court establishes that the State must implement immediate measures
aimed at guaranteeing the fundamental rights of prisoners, as well as measures to prevent
fires in the different centers indicated in the agreement.97 To this end, within six months
the State must forward the Court a report on the urgent measures taken in this regard. In
particular, it must provide information on the following measures: (i) the separation of
those being processed from those who have been convicted; (ii) an assessment of prison
overcrowding; (iii) an evaluation of critical situations such as fires, and (iv) mechanisms
and equipment to respond to fires.
95
The implementation timetable indicates that, to improve the new centers, the following actions will be
taken: (a) an assessment will made of the structural needs from April to December 2012; (b) the remodeling
decree will be approved in January 2014, and (c) the physical conditions will be improved from February 2014 to
2015.
96
Cf. Case of Montero Aranguren et al. (Retén de Catia,) supra note 62 para. 90, and Matter of certain
Venezuelan Prisons. Order of the Inter-American Court of Human Rights of July 6, 2011, considering paragraphs 7,
8 and 9.
97
Cf. Case of the Children’s Rehabilitation Institute, supra note 59 para. 159, and Case of López Álvarez,
supra note 65, para. 209.
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