8
measures' beneficiaries and, in general, to keep them posted on any progress made
in their enforcement, that:
i.
all the meetings have been held at the request of the petitioners, not
at the State's initiative;
ii.
the meetings carried out during March and May, 2006, were not aimed
at treating the implementation of the provisional measures, but listening to
the work proposals inside the prison system of the attending organizations;
iii.
the State has not permitted nor made its participation easy in the
planning and implementation of the measures, since the direct and regular
contact with the inmates is subjected to the exclusive initiative of the
executive authority;
iv.
the access to the prison center has been conditioned to the
organization of collective visits with the authorities on prison's issues and
regarding the non-realization of such visits, the State has been justifying itself
on the basis of changes in the structure of the Venezuelan Judiciary. In March
2007, it was prohibited the access to the Yare Prison since the
representatives' access to the Prison was conditional on an express permit
granted by the Department for Custody and Rehabilitation of the Inmate
(Dirección General de Custodia y Rehabilitación del Recluso). The possibility
of conducting regular visits, not subjected to the approval and initiative of the
public authority, is important in order to inform on the true situation of the
inmates;
v.
as to the meeting with the correctional authorities, on August 2, 2006,
it was agreed, in the first place, that the meetings will be held every 6 weeks
with the participation of all the parties involved in order to observe the
functioning and progress of the provisional measures, but these meetings
have not been held; in the second place, it was agreed to schedule collective
visits to the Yare Prison every 6 weeks, but the visits have not been carried
out and access to the Prison has been denied; in the third place, it was
agreed to convene a meeting with the General Directorate of Custody and
Rehabilitation of Inmates and the petitioners, but this meeting has never
been held; and in the fourth place, the authorities agreed to keep the
petitioners informed of the activities related to the compliance with the
measures, but as from the date of the meeting onwards, there has been no
information regarding such compliance, and
vi.
On August 12, 2007, personnel from the National Prisons Observatory
NGO entered, for the first time in more than one year, the Yare Prison as
regular visitors in order to verify the situation of the inmates; they entered,
again, as visitors on October 21, 2007.
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 State has not submitted said information.
e)
In relation to the obligation to investigate the facts that led to the adoption of
the provisional measures and, as the case may be, to identify the perpetrators and
punish them as applicable, including administrative and disciplinary penalties, that
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