adequate and effective control, custody and surveillance of the Penitentiary Center.5 In
addition, owing to the characteristics of detention centers, the State must protect the
inmates from the violence that, in the absence of State control, may occur among those
deprived of liberty.6
8.
In this regard, the Court notes that, when adopting the provisional measures in
2007 (supra having seen paragraph 1), the Penitentiary Center of the Central Occidental
Region had a prison population of 1,448 inmates, with an installed capacity of 790
according to data provided by the Inter-American Commission. Now, after the measures
have been in force for six years, the Court notes that the number of detainees has
increased and there were 2,456 inmates in August, 2012 (supra considering paragraph
6(m)) and 2,641 inmates in January 2013 (supra considering paragraph 5.h). Hence, a
situation of overcrowding ranging from 310% to 334% existed in this prison, which
evidently produces a climate of instability and confrontation within the prison.7
9.
Second, the Court notes that, 58 individuals died and 95 were injured during the
events of January 25, 2013 (supra considering paragraph 6.h). Moreover, the information
provided reveals that the events originated from the fact that the State authorities had
decided to conduct an inspection, a measure that had not been taken since 2009 (supra
considering paragraph 5.h). In addition, different versions exist about how the deaths
and acts of violence occurred, and the State has advised that it is investigating the facts
(supra having seen paragraph 7 and considering paragraphs 5.c, 5.d, 5.k, 5.l, 6.c to 6.e
and 6.k).
10.
Without prejudice to whether the said events may be attributed to State agents or
to the inmates of this prison, the fact is that, for the effects of these provisional
measures, the acts of violence that occurred under the State’s supervision reveal the
persistence of the situation of extreme gravity and urgency, and represent a situation of
imminent risk to the life and personal integrity of the persons deprived of liberty in the
Penitentiary Center of the Central Occidental Region, as well as of anyone who is in the
said establishment. In addition to the recent acts of violence, the case file reveals that,
according to the report of the Venezuelan Observatory of Prisons of February 17, 2012,
during 2011, a total of 61 prisoners died and 240 were injured, and it was “the prison
with the highest percentages of deaths and injuries during 2011, [owing] to a large
extent to the sixteen (16) confrontations (coliseos) that occurred that year.” In the
Court’s opinion, such events are inconceivable in the context of the protection that the
5
Cf. Matter of the Penitentiary Center of the Central Occidental Region (Uribana Prison). Request for
provisional measures presented by the Inter-American Commission on Human Rights with regard to Venezuela.
Order of the Inter-American Court of Human Rights de February 2, 2007, eleventh considering paragraph, and
Matter of certain Venezuelan prisons, Penitentiary Center of the Capital Region Yare I and Yare II, twelfth
considering paragraph.
6
Cf. Matter of persons deprived of liberty in the "Dr. Sebastião Martins Silveira" Prison in Araraquara,
São Paulo. Request for provisional measures presented by the Inter-American Commission on Human Rights
with regard to Brazil. Order of the Inter-American Court of Human Rights of September 30, 2006, sixteenth
considering paragraph, and Matter of certain Venezuelan prisons, Penitentiary Center of the Capital Region Yare
I and Yare II, twelfth considering paragraph.
7
As this Court has already emphasized, a situation of overcrowding such as this obstructs the normal
conduct of essential prison functions, such as health care, rest, hygiene, meals, security, visiting regime,
education, work, recreation, and conjugal visits; it causes a generalized deterioration of the physical facilities;
produces serious problems of coexistence, and promotes intra-prison violence. All of this, to the detriment of
both the prisoners and the officials who work in the penitentiary centers, owing to the difficult and dangerous
conditions in which they perform their daily activities. Cf. Case of Montero Aranguren et al. (Retén de Catia) v.
Venezuela. Preliminary objection, merits, reparations and costs. Judgment of July 5, 2006. Series C No. 150,
para. 90, and Case of Vélez Loor v. Panama. Preliminary objection, merits, reparations and costs. Judgment of
November 23, 2010. Series C No. 218, para. 204.
6