99
*
*
187. The Court observes that the same considerations made in the case of the
inmates who were deprived of their right to life (supra paragraphs 177 to 179), also
apply in the case of those injured in the fires, all of whom were children, namely:
Abel Achar Acuña, José Milciades Cañete Chamorro, Ever Ramón Molinas Zárate,
Arsenio Joel Barrios Báez, Alfredo Duarte Ramos, Sergio Vincent Navarro Moraez,
Raúl Esteban Portillo, Ismael Méndez Aranda, Pedro Iván Peña, Osvaldo Daniel Sosa,
Walter Javier Riveros Rojas, Osmar López Verón, Miguel Ángel Coronel Ramírez,
César Fidelino Ojeda Acevedo, Heriberto Zarate, Francisco Noé Andrada, Jorge Daniel
Toledo, Pablo Emmanuel Rojas, Sixto Gonzáles Franco, Francisco Ramón Adorno,
Antonio Delgado, Claudio Coronel Quiroga, Clemente Luis Escobar González, Julio
César García, José Amado Jara Fernández, Alberto David Martínez, Miguel Angel
Martínez, Osvaldo Mora Espinola, Hugo Antonio Vera Quintana, Juan Carlos Zarza
Viveros, Eduardo Vera, Cándido Ulises Zelaya Flores, Hugo Olmedo, Oscar Rafael
Aquino Acuña, Nelson Rodríguez, Demetrio Silguero, Aristides Ramón Ortiz Bernal,
Carlos Raúl Romero Giacomo, Carlos Román Feris Almirón, Pablo Ayala Azola, Juan
Ramón Lugo and Rolando Benítez. Thus, the State’s responsibility is by virtue of its
gross negligence by failing to take the minimum necessary fire-prevention measures.
188. The inmates who sustained injuries in the fires and managed to survive,
endured painful mental and physical suffering. Some are still suffering the physical
and/or psychological after-effects (supra para. 134.48). The burns, wounds and
smoke inhalation that the children identified in the preceding paragraph suffered as a
result of the fires, which happened while they were in the custody and supposed
protection of the State, and the after-effects of those burns, wounds and smoke
inhalation, constitute treatment in violation of Articles 5(1) and 5(2) of the American
Convention, in relation to Articles 1(1) and 19 thereof, to the detriment of the aforenamed persons (supra paragraphs 177 and 187).
*
*
*
189. In the case sub judice there is irrefutable evidence that the State failed to
comply with the provisions of subparagraphs 4 and 5 of Article 5 of the Convention
(supra para. 134.20 and 134.21). However, the Court is not in a position to find a
violation in respect of the victims named, because the information in the body of
evidence in the instant case is incomplete. Having said this, the Court is troubled by
this noncompliance and urges the State to correct the situation immediately.
*
*
*
190. For all the foregoing reasons, the Court finds that the State violated Article
4(1) of the American Convention, in relation to Article 1(1) thereof and, where the
victims were children, Article 19 thereof, to the detriment of the deceased. It finds
further that the State violated Articles 4(1), 5(1), 5(2) and 5(6) of the American
Convention, in relation to Article 1(1) thereof, and also Article 19 when the victims
were children, to the detriment of all the inmates interned in the Center in the period
between August 14, 1996 and July 25, 2001; and Articles 5(1) and 5(2) of the
American Convention, in relation to Articles 1(1) and 19 thereof, to the detriment of
the children injured as a result of the fires.
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