2
101 inmates got injured. In November, 2007, three violent incidents were
registered, at least, in the premises and the most recent murder occurred on
November 13, 2007;
d)
There is a serious situation of insecurity and great violence inside the
prison, which is fostered, among other factors, by the overcrowding; the lack of
appropriate custody; the entering and possession of cutting and thrusting
weapons and firearms by the inmates, trade which can involve the participation
of several officers in charge of the surveillance of the prison; and the lack of
immediate and effective measures and plans proposed by the prison authorities
in charge of the penitentiary and its functioning in order to prevent and avoid
such violent events and eliminate cruel punishments and ill-treatments;
e)
Despite the seizures performed, the weapons- including the guns and
grenades- still circulate within the prison and the violent events cannot be
avoided;
f)
As to the fights, the inmates are commonly fighting over the control of
the territory and the fights are, sometimes, started by the guards themselves,
when transferring the inmates to other prisons or other areas within the same
prison. The authorities have not yet adopted any measures to avoid these
incidents and,
g)
The foregoing becomes more serious due to the lack of appropriate
surveillance. There are only 20 guards in every shift for the surveillance of
approximately 2.143 inmates. Furthermore, these officers have no access to
some of the prison blocks where their physical integrity is in danger. Whenever
the guards enter these blocks, the National Guard accompanies them.
3.
The legal arguments of the Commission to base the request for provisional
measures, namely:
a)
The exposed facts show prima facie the structure of a situation of
extreme seriousness and urgency for the life and physical integrity of the
beneficiaries of this request for provisional measures, who have been suffering
serious threats against their lives and physical integrity whilst being confined,
visited or while working in a correctional institution under the custody of the
State;
b)
The urgency under the terms of Article 63(2) of the American
Convention is evidenced by the death of tens of inmates and the serious injuries
received by others between 2006 and 2007. These facts show a situation of
imminent danger due to the inadequate safety conditions of the premises and
the high levels of violence among the inmates and the guards against the
inmates, all of which call for urgent intervention of the Court in order to avoid
irreparable damage;
c)
Due to the exceptional existing levels of violence and insecurity, it is
necessary to take urgent and immediate measures apart from the medium or
long-term general plans for the humanization of the Venezuelan prison system.
The situation is serious and must be repaired by taking immediate measures;
d)
The seriousness of the situation is evidenced in the multiple repetition of
violent acts which have occurred continuously, along the passage of several
years, specially in 2007.
e)
It is enough that the beneficiaries can be “determined” in order to
receive protective measures and,
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