8
guarantee the participation of the representatives of the beneficiaries in the
planning and the implementation of the provisional measures.
d)
regarding the submission of an up-to-date list of all persons currently
detained at the prison, precisely indicating the detainee’s status of detention:
i.
in the list admitted by the State there was no record of the procedural
delays or deferrals of each of the detainees. This information is important in
order to determine those detainees who have the right to alternative
sentencing measures, those who have completed their sentences and are still
deprived of the freedom, and for the adoption of measures that would help
overcome the current overcrowding problem, and
ii.
the list submitted by the State does not provide information regarding
the specific section and the cell of each one of the detainees. This information
is important to determine the physical location of the detainees and facilitate
the adoption of the measures that would guarantee the separation of the
accused from those who are convicted.
e)
with respect to the investigation of the facts that prompted the adoption of
the provisional measures, as well as the identification of those responsible and the
imposition of corresponding penalties, including administrative and disciplinary
sanctions:
i.
the State has not provided information regarding the investigation and
sanctioning of those responsible for the acts of violence and resulting deaths
and injuries of the detainees in the Confinement Center, which combined with
the existing conditions of detention gave rise to the adoption of these
provisional measures;
ii.
the technicians and employees of the auxiliary investigation agency,
Criminal and Scientific Investigation Agency (“Cuerpo de Investigaciones
Científicas Penales y Criminalísticas”), do not have access to the Confinement
Center due to the prison's lack of security, which impedes the accurate
investigation of the crimes committed there, and
iii.
regarding the suspension of the Director of the Confinement Center,
according to information that circulated in some forms of media and at the
Confinement Center itself, the Director stepped down from his position. It is
relevant to the compliance of the provisional measures that the State supplies
the Court with a copy of the administrative case file and of the corresponding
dismissal.
5.
The communications submitted by the Inter-American Commission of Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) on May 30, 2006;
August 31, 2006; December 11, 2006; March 30, 2007; May 17, 2007, and June 1, 2007,
whereby it stated, inter alia, that:
a)
with respect to the efficient and definitive measures needed to prevent
violence in the Judicial Confinement Center of Monagas (“La Pica”):
i.
the State's reports reveal that the State has not implemented any
concrete or immediate measures to effectively and definitively eliminate the
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos