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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.
the Commission recognizes the positive nature of the measures
undertaken by the State, such as the searches; however, it is noted that its
effectiveness is questionable: The violent incidents occurred while these
provisional measures were being enforced evidence that the inmates were in
possession of weapons. Besides, this type of control should be done while
respecting the rights of the inmates;
ii.
measures such as the installation of metal detectors or the weekly
searches in strict compliance with the human rights of the inmates should
have been considered in order to avoid the entrance and traffic of weapons in
the prison center. The State has not submitted information about the
measures adopted in order to make use of said metal detectors or the
application of measures of similar nature in order to comply with the Court's
order;
iv.
the Commission hopes the State implements, with priority and
promptness, those measures as may be necessary in order to overcome the
such
respect,
the
physical and hygienic conditions of Yare Prison. To
State has informed about the repairs and the maintenance carried out in the
areas of the kitchen and the perimeter lighting of the prison centers, but it
has failed to inform about the measures adopted to improve the conditions
inside the cells and pavilions ;
v.
the Commission positively values the workshops and cultural,
educational and sports activities carried out, which must be done periodically
and must include the totality of the inmates in order to comply with the
purpose of the social re-insertion of the inmates, as intended and
vi.
the Commission points out that the health guarantees and the
provision of health services by the State in favor of people who are under the
State's custody should be continuous since the State is the guarantor of the
life and integrity of those deprived of their freedom.
c)
As to the adoption of the steps necessary in order for the measures of
protection ordered for the benefit of the people held in custody in the Yare Prison to
be devised and implemented with the participation of the representatives of the
measures' beneficiaries and, in general, to keep them posted on any progress made
in their enforcement, that:
i.
the lack of access of the beneficiaries’ representatives to the premises
is highly concerning since it does not allow the beneficiaries the possibility of
verifying the situation and it does not give them the active role in the design
and implementation of the provisional measures and,
ii.
Even though the access of the representatives to the prison center is
just the first step in terms of participation in the planning and implementation
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