6
potential beneficiaries are identifiable, as they are persons held in prison, who might
be held in prison in the future, or who enter the prison either in the course of their
normal business or occasionally, either as officers or as visitors.
7.
That the State has a special role as guarantor for the persons deprived of liberty
in prisons or detention centers, as the prison authorities have total control over them.
In addition, “[o]ne of the duties which the State must inescapably fulfill as guarantor,
with a view to protecting and assuring the right of life and physical integrity of persons
deprived of liberty, is to [afford] them the minimum conditions in keeping with their
dignity while they are held in detention centers”.7
8.
That the facts raised by the Commission in connection with the events in the
Uribana Prison (supra Having Seen clause No. 2), evidence prima facie a situation of
extreme gravity and urgency that may have caused irreparable harm to the lives and
physical integrity of the inmates of the Uribana Prison and the persons who enter it. In
particular, it must be noted that ever since January 2006 several violent events have
taken place in the Uribana Prison, causing a total of 80 violent deaths as a result of
firearm shots, wounds with knives, strangling, decapitations and dismemberments,
and 213 injured, out of which 18 were killed and 15 were wounded in January 2007
only (supra Having Seen clause No. 2). The Commission alleges that some of those
people were killed and injured in brawls between inmates.
Furthermore, the
Commission has pointed out the lack of control of the introduction and possession of
weapons in the detention center.
9.
That according to the information provided by the Commission, the State has
adopted or is about to adopt certain measures with the aim to protect the life and
physical integrity of Venezuelan prisoners and improve the living conditions in the
prisons (supra Having Seen clause No. 3), which have allegedly not sufficed to
eliminate or at least mitigate the situation described above.
10.
That those people must therefore be protected through the immediate adoption
of provisional measures by the State, pursuant to the provisions of the American
Convention. The measures which need to be adopted must effectively and definitely do
away with violence, the loss of lives and the harm to the physical, mental and moral
integrity of the inmates in the Uribana Prison, the people who work there and visitors.
11.
That the Court deems it appropriate and necessary for protecting the life and
physical integrity of the inmates of the Uribana Prison that the conditions in this
penitentiary center be in keeping with the applicable international rules on the
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures, supra note
3, Considering clause No. 8; and Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional
Measures, supra note 3, Considering clause No. 8; Matter of Children Deprived of Liberty in the "Complexo
do Tatuapé" of FEBEM. Provisional Measures, supra note 3, Considering clause No. 6; and Matter of Mendoza
Prisons. Provisional Measures. Order of November 22, 2004, Considering clause No. 13.
6
7
Cf. Inter alia, Matter of Monagas Judicial Confinement Center (“La Pica”), supra note 3, Considering
clause No. 1; Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM, supra note 3,
Considering clause No. 7; Matter of Mendoza Prisons. Provisional Measures, supra note 3, Considering
clauses No. 7 and 11; Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures,
supra note 3, Considering clause No. 9, and Case of “Juvenile Reeducation Institute”. Judgment of
September 02, 2004. Series C No. 112, para. 159.
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