20
psychological and moral integrity of inmates, as well as their right to life and to
enjoy the minimum conditions of a dignified life.
20.
That pursuant to its international duty to guarantee all people the enjoyment
of human rights, the State must design and apply a penitentiary policy for
preventing critical situations as those that prompt the issuance of these provisional
measures.10
21.
That the information provided by the parties (supra Considering clause No.
11), regarding the events occurred at La Pica Confinement Center, show, prima
facie, a situation of the utmost seriousness and urgency as regards the rights to life
and personal integrity of the inmates of said confinement center.
22.
That the standard of prima facie assessment in a certain case and the
application of presumptions due to the need for protection, have caused the Court
order provisional measures in several cases. Therefore, this Court deems that it is
necessary to protect said persons by means of provisional measures, in the light of
the provisions set forth in the American Convention.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American
Convention on Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To request the State to maintain and extend the measures the State has
informed it is adopting, as well as to adopt forthwith the supplementary measures
necessary to efficiently and definitively avoid violence within the Monagas Judicial
Confinement Center (“La Pica”), so that no inmate or any other person be killed or
his/her personal integrity be affected within the confinement center.
2.
To request the State that, without prejudice of the measures for immediate
implementation ordered in the preceding operative clause, it may adopt the
necessary measures: a) to significantly reduce overcrowding in the Monagas Judicial
Confinement Center (“La Pica”) b) to seize any weapons found in the possession of
inmates; c) to separate non-sentenced inmates from those who have already been
sentenced; d) to adjust the detention conditions existing in the Confinement Center
to the applicable international standards and e) to provide the necessary health care
to inmates so that their personal integrity is guaranteed. In this sense, the State
shall conduct a periodic surveillance of the detention conditions and physical and
emotional condition of detainees, with the participation of the representatives of the
beneficiaries of these provisional measures.
3.
To request the State to carry out all actions necessary in order that the
protective measures issued in favor of the detainees at the Monagas Judicial
10
Cf. Matter of Urso Branco Prison. Provisional Measures, supra note 5, Considering clause No. 19;
and Matter of Urso Branco Prison. Provisional Measures, supra note 7, Considering clause No. 11.
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