reveals that thee Pre-Trial Detention Center has a cell known as the “preventive” cell, which has its
own sanitary installations and never holds more than six detainees.139 Mr. Díaz Peña was assigned
the cell identified as No. 6 in corridor “B”, which measured 2.65 meters by 2.36 meters, and was
2.87 meters high; the security system consisted of a black metal screen with a padlock.140
93.
With regard to the detention conditions when he arrived at the Pre-Trial Detention Center,
during the public hearing, Mr. Díaz Peña stated that “they were fairly deplorable,” because the
place was “totally closed in, without any type of ventilation or natural light; dark, because even the
cells had no light; […] it did not have access to any area for carrying out any activity or for reading
a book or to do something; […] it was very hot […].” He also stated that, “for the first year and a
half, I did not have access to sunlight, the only chance I had to see the sun was during the
transfers to the courts which was every three or four months,” and that “there was no window;
there were some windows, but they were completely sealed with cement blocks and there was no
access to natural light or fresh air.”141 In view of the fact that the State did not clearly and
expressly contest the detention conditions of Mr. Díaz Peña from February 25, 2004, to October 12,
2005, described by the Commission and the representative, and since the Court has no evidence
that disproves the details of Mr. Díaz Peña’s statement, the Court finds that the facts described by
Mr. Díaz Peña in his statement are proved.
94.
In addition, acceding to the request made when lodging the initial petition, the InterAmerican Commission granted precautionary measures to protect Mr. Díaz Peña’s life and health on
October 31, 2005, and these were maintained while he remained detained.142 Furthermore, it is a
proven fact that, following the adoption of the precautionary measures, his physical detention
conditions gradually improved.143
95.
In summary, the evidence available in the body of evidence of the instant case reveals that,
by April 2007, the Pre-Trial Detention Center had the following areas and services: (a) a
gymnasium was fitted out and those deprived of liberty had access to it;144 (b) an area was fitted
shared one of the cells. Cf. Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the
public hearing held on December 1, 2011.
139
Cf. Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the public hearing
held on December 1, 2011.
140
Cf. Report of the Head of the Integral Custody Process of the General Directorate of Intelligence and Prevention
Services of April 20, 2007 (evidence file, tome XXV, folios 17160 and 17161), and Report issued by the Director General of
the General Directorate of Intelligence and Prevention Services on October 2, 2009 (evidence file, tome XXV, folio 17403).
See also, Statement made by Raúl José Díaz Peña before the Inter-American Court at the public hearing held on December
1, 2011.
141
Testimony given by Raúl José Díaz Peña by electronic audiovisual means the Inter-American Court at the public
hearing held on December 1, 2011.
142
Cf. Admissibility Report No. 23/09, Petition 1133-05 Raúl José Díaz Peña - Venezuela, issued by the Inter-American
Commission on March 20, 2009, para. 4 (file of the proceedings before the Inter-American Commission, tome I, folio 428),
and Merits Report No. 84/10 issued by the Inter-American Commission on Human Rights el July 13, 2010, paras. 6 to 19
(merits file, tome I, folios 73 to 75).
143
In this regard, it is clear that, as of 2007, significant improvements were made to the Pre-Trial Detention Center,
because the inmates organized different detention spaces with materials they themselves provided in areas previously
authorized by the DISIP authorities. Cf. Testimony given by Eligio Cedeño by affidavit on November 18, 2011 (evidence file,
tome XXVII, affidavits, folios 17598 to 17601), and Testimony given by Raúl José Díaz Peña by electronic audiovisual means
before the Inter-American Court of Human Rights during the public hearing held on December 1, 2011.
144
Cf. Report of the Head of the Integral Custody Process of the General Directorate of Intelligence and Prevention
Services of April 20, 2007 (evidence file, tome XXV, folios 17160 and 17161); Report issued by the Director General of the
General Directorate of Intelligence and Prevention Services on October 2, 2009 (evidence file, tome XXV, folios 17403 to
17409). See also Testimony given by Elvis Ramírez before the Inter-American Court of Human Rights during the public
hearing held on December 1, 2011, and Testimony given by Raúl José Díaz Peña by electronic audiovisual means before the
Inter-American Court of Human Rights during the public hearing held on December 1, 2011.
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