11
of the measures, the Commission considers that it is a sine qua non condition
in order for the Court to evaluate, specifically, the situation of the measures’
beneficiaries.
d)
In relation to the obligation to provide the Court with an up-to-date list of all
the inmates confined at the prison, also specifying the characteristics of confinement
for each such person, that the Commission values that the State submitted the list of
indicted and convicted inmates assigned to Yare I and Yare II with the specification
of their ages and the crimes committed, among others. Nevertheless, it is necessary
that the State includes specific information regarding the separation of adult men,
young men, of the elderly, of convicted and indicted, of those confined due to civil
reasons, those confined due to criminal issues and those confined due to the
commission of a crime against life and physical or sexual integrity. Furthermore, it is
also necessary that the State inform about the persons with mental disabilities and
the kind of psychiatrist medical treatment that is being provided, in accordance with
the corresponding medical opinion;
e)
In relation to the obligation of investigating the facts that led to the adoption
of the provisional measures and, as the case may be, identifying the perpetrators
and punishing them as applicable, including administrative and disciplinary
measures, that:
i.
the State has informed that instructions were given in order to avoid
impunity for the incidents that occur inside the prison centers; however, this
refers to the possibility of carrying out investigations for future incidents;
ii.
the information submitted is evidently insufficient and does not allow
to verify how many investigations exist, the incidents involved in each
investigation or what proceedings have been effectively carried out in order to
establish the crimes committed and avoid getting away with them, and
iii.
the Commission hopes the State submits a detailed report on the
administrative and criminal investigative measures adopted with respect to
the facts that caused the adoption of these provisional measures and the
results produced so far.
5.
The note of the CDH-S/1429 Secretary of July 24, 2007 whereby, following the
instructions ordered by the President of the court, the Commission was requested to submit
a report to the Court, no later than August 31, 2007, on the procedural stage of the issue at
stake.
6.
The note of August 31, 2007, in which the Inter-American Court informed that “the
referred provisional measures do not have a directly related petition pending before the
Commission”.
CONSIDERING:
1.
That Venezuela has been a State Party to the American Convention (hereinafter, the
“American Convention”) since August 9, 1977, and that it accepted the binding jurisdiction
of the Court on June 24, 1981.
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