12
k.
It is necessary
considering:
i.
ii.
iii.
iv.
v.
l.
to
implement
a
political
compliance
strategy
the effective implementation of provisional measures in the
provincial scenario;
federal government’s assumption of direct responsibility as
part of the process;
the existence of effective and transparent coordination of
process of compliance between the federal government and
the provincial government;
a call for consultations among the political sectors of the
Province of Mendoza that do not acknowledge the provisional
measures or the need for said measures or transparency, in
order to have them involved in the process of implementation
and compliance; and
involvement of other governmental agencies in addition to the
Foreign Office and the Government of the Province of
Mendoza, who may provide technical advise, resources, and
concrete short-term solutions to overcome the current
scenario of violence.
There is a need for a concrete State commitment to immediate action
the results of which could be verified in the short term, and for the
Court to be informed, in within a month, by way of the State’s ninth
report, of the implementation of the commitments undertaken as per
the Record of Asunción, including:
i.
ii.
iii.
Change in security patterns so that guards will make rounds
on a regular basis in the facilities and not outside.
Immediate reactivation of the Ad Hoc Investigation
Commission and the Follow-up Commission; and
Barring of prolonged periods of confinement, completion of
lighting works in all cells and a reactivation meeting as soon as
practicable.
52.
The arguments posed by the representatives at such public hearing, in
agreement with the ones presented by the Commission, including further:
a.
b.
c.
d.
Their dissent with the Commission concerning the alleged political
willingness on the part of the federal government and the provincial
government, and the alleged improvement on the conditions prevailing
in the prisons involved in this case. Although the representatives were
aware of the personal efforts of many governmental agents, the
actions taken do not suffice to argue that provisional measures have
been complied with.
Discontinuance of the work of the Follow-up Commission or the Ad Hoc
Commission entrusted with investigating the deaths occurred, which
favors impunity;
Uncertainty about the conditions under which the office of the defense
of the rights of inmates works;
The federal judicial authorities are responsible for lodging over 60% of
untried prisoners in the penitentiaries located in Mendoza, while the
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