6
there have been 4 deaths and 6 inmates injured; on October 18, 2007, due
to an insurrection and a fire, there were 21 inmates and 1 subtenant of the
National Guard injured at Yare I and on October 19, 2007, an inmate died as
a result of bullet impact;
iii.
since there has been no way to access to the prison center since May,
2006, the information provided by the State concerning the number of injured
people and deaths cannot be refuted;
iv.
despite the fact that there are more guards who have been instructed
in order to adequately treat the inmates, the violent incidents keep occurring.
In January, 2006, 40 guards, 1 psychologist and 2 social workers started
working at the Prison; said incorporation was made prior to the adoption of
the provisional measures so that it is not related to such measures. The
guards attend a one-month training course, which is enough time for the
assigned task, and
v.
on October 21, 2007, a representative from the National Prison
Observatory could appreciate the presence of only 5 prison guards in the
administrative area for controlling 700 inmates, who enter the confinement
tower only when the morning and evening regular count of inmates is being
done and in the company of National Guard's Officers.
b)
In relation to the obligation to adopt such measures as may be necessary to:
a) confiscate weapons in the possession of inmates, b) separate indicted inmates
from convicted inmates and c) bring the conditions of confinement at the prison in
line with the international standards on the matter, supervising the conditions of
confinement and the physical condition and emotional state of the inmates, with the
participation of the representatives, that:
i.
despite the fact that several searches have been conducted, the
incidents within the inmates' population has continued and as a result, there
have been injured people and deaths. The procedure for the search and
confiscation of weapons at the Yare Prison must be carried out by means of
effective procedures in order not to cause any damage or additional violence
to the inmates' population. Searches are generally conducted by means of
physical and psychological ill-treatment such as stamps, insults and hits. It is
highly recommended the implementation of metal detectors in order to avoid
the entrance and traffic of weapons at the prison;
ii. the separation between indicted and convicted inmate does not adjust to
the international standards since “the classification is not based on the crime
committed, the age, the degree of danger or the category of primary and
second offenders”. During the visit of August 12, 2007, it was observed that
no progress was made on this regard. The confined population is not
classified accordingly; the sectorial classification proposed by the inmates
themselves prevails and it is based on situations of comradeship. It could not
be verified that the indicted and convicted inmates are effectively separated
since there has been no access to the Yare Prison; the lists and charts
submitted by the State do not allow the determine if there is an effective
separation among the inmates confined to Yare I and Yare II;
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