3
the dead and injured in the Mendoza Prison and the Gustavo André Unit during
2004/2005, and to describe the status of administrative proceedings in course.
2.
Separation of prisoners by categories:
a.
b.
3.
In the short-term, to adopt necessary measures to segregate untried prisoners
from convicted prisoners, and juvenile adults from adults; and
As a progressive measure, to develop a classification mechanism taking into
consideration at least the criteria established in Article 8 of the UN Standard
Minimum Rules for the Treatment of Prisoners.
Measures to avoid the entrance of weapons to the institutions:
To take actions to sequestrate weapons of all kinds that could be found within the
institutions, and to set up adequate surveillance —with the involvement and under
the control of the judiciary— in order to guarantee the legality of said measures.
Furthermore, to adopt necessary measures to bar the clandestine entrance of
weapons, including surveillance over the spaces designed for the use by
penitentiary agents.
4.
Disciplinary Actions:
a.
b.
5.
In the short-term, adoption of all measures necessary to notify —as soon as
practicable— the defense of any person subjected to administrative
investigations for the imposition of sanctions so that said person’s right to
defense is safeguarded; and
In the mid-term, adoption of legislative or any other type of measures needed
to set up a disciplinary action scheme in keeping with the terms of the
American Convention on Human Rights and other applicable international
instruments on human rights.
Increasing Improvement on Detention Conditions:
a.
b.
c.
d.
e.
f.
g.
6.
A survey on the individuals held in custody under the Province penitentiary
system, which shall be conducted by the Ministry of Justice and Security of
Mendoza; access to showers and sanitary units in working conditions; weekly
provision of hygiene gear; guaranteed access to sufficient drinking water;
adoption of necessary measures so that all areas of the institution are well-lit;
barring of prolonged cell confinement, repression groups of hooded individuals
and restriction of visitation; barring of access of personnel with dogs to
cellblocks and to areas for the use by visitors;
In the mid-term, expansion of the registry of prisoners, in accordance with the
guidelines of the Inter-American Court of Human Rights in the Case of Bulacio,
paragraph 132;
A bimonthly report on the outcome of the survey on prisoners’ health condition
identifying the clinical charts prepared, treatment prescribed and ensuring that
medicine and food are provided as prescribed;
In the mid-term, psychological, psychiatric, dental and ophthalmologic
assistance will be provided;
Prisoners’ equitable access to work, recreational, formal and non-formal
educational programs will be guaranteed, and other programs related to
reinstatement will be created;
Actions to diminish overcrowding by means of reducing the amount of persons
held in custody under pretrial detention (in accordance with the criteria
established in a recent decision of the Supreme Court of Justice on prisons in
Buenos Aires); this will call for mechanisms other than pretrial detention such
as programs for provisional release on parole; and
Concerning overcrowding, full compliance with sentencing guidelines for
progressive computation must be guaranteed.
Involvement of the Judicial System:
a.
Full compliance with the terms of duration of judicial proceedings, in
accordance with the standards laid out in the Pact of San Jose, Costa Rica, and
in the Mendoza Code of Criminal Procedure;
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