12
the applicable penitentiary system.”
36.
That the representatives acknowledged that in view of the “Penitentiary
Humanization Plan”, […] a field work in all the prisons in Venezuela was started in late 2008
to know the situation of the inmates [and] provide legal assistance to [inmates] by
university students.” “Likewise, the Popular Power Ministry of the Interior and Justice set up
the Higher Penitentiary Council in October 2008, procuring the joint work of the State
powers to promote comprehensive policies for the penitentiary society during the inmates’
imprisonment and in the post-penitentiary stage.” The representatives highlighted these
initiatives but they expressed “their concern in view of the situation of inmates in the
various Venezuelan prisons.” For the representatives “the figures that […] Venezuela has
provided [regarding other matters before this Court] show the conditions of prisons in
Venezuela.”
37.
That the Commission “acknowledged the State’s will to try and find solutions to
prison problems.” However, “it considered that it would be extremely important to have
more information, provided by the State, on the construction and effective operation of the
new penitentiary units.” Thus, the Commission recalled, “that there are still high violence
indexes in Venezuelan penitentiary centers, worsened by overcrowding and inhuman
detention conditions, among other factors. The Commission consider[ed] that the measures
ordered by the Court in penitentiary matters must continue being supervised until the
specific impact of the projects mentioned by the Venezuelan State on the real situation of
the Venezuelan penitentiary population can be assessed.”
38.
That paragraph 146 of this Court’s Judgment pointed out that this obligation means
that the State must 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.” The Court
referred specifically to such conditions when declaring previously that the extreme
overcrowding conditions and inmates’ overpopulation were the cause of violence and
multiple violations of inmates’ rights at Detention Center of Catia.23
39.
That during the public hearing held about this case on April 4, 2006, the State
referred to the development of “[p]ublic [p]olicies to improve the penitentiary situation,
highlighting the Decree on Prison Emergency, the Penitentiary Humanization Plan, and the
promotion and dissemination of inmates’ [h]uman [r]ights through workshops.”24 Although
the Court acknowledges the progress made by the State after such date, the Court
considers that the corresponding measures implemented have not been translated into
effective changes to comply with this obligation.
40.
That although within the framework of the provisional measures ordered by this
Court regarding four Venezuelan penitentiary centers25 the State has provided more
23
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 6, paras. 60.9 and 60.11.
24
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 6, para. 45.
25
The four orders are the
American Court of January 13 and
and Yare II (Yare Prison): Order
Penitenciario de la Región Centro
following: a) Internado Judicial de Monagas (“La Pica”): Order of the InterFebruary 9, 2006 and July 3, 2007; b) Centro Penitenciario Región Capital Yare I
of the Inter-American of March 30, 2006 and November 30, 2007; c) Centro
Occidental (Uribana Prison): Order of the Inter-American Court of February 2,