14
2020 officers as of November 2010, of which 1411 are guards, for a total population of
2719 individuals deprived of liberty. The State indicated that "it has adopted and continues
to implement short-, medium-, and long-term measures to deal with the structural
problems and in order to improve and correct the situation of the Mendoza penitentiaries in
the understanding that the duty to adopt those measures derives from its general
obligations to respect and guarantee rights, acquired by Argentina upon ratification of the
American Convention." Also, the State indicated that these provisional measures "run the
risk of becoming permanent."
33. The State also highlighted that the Supreme Court of Justice of the Province is
monitoring the prison situation. It specified that "the Constitution of the province of
Mendoza specifically establishes [that] the Supreme Court of Justice of Mendoza has the
obligation to supervise the conditions faced by individuals deprived of liberty, both those on
trial and those convicted." In this way, "in compliance with this function and through the
intermediary of its office on prison matters, which is under the Administrative Chamber of
the [Supreme Court of Justice], permanent monitoring is carried out on the progress of the
refurbishing and improvements [to the buildings] and sanitary [improvements] of the
blocks via periodic visits to the prison and the submission of reports that the administrative
authority […] brings before the [Supreme Court of Justice]."
34. The representatives indicated that "the lifting of the measures would be legitimate
only as long as the situation of violence and insecurity that [led] to their adoption has been
remedied." However, they noted that "during the time the measures have been in force,
the deaths of various inmates have taken place and many others have been seriously
injured," for which reason they alleged that "the situation of risk to life and physical
integrity of the inmates continues to exist." The representatives "recognize that certain
progress has been made on the situations of violence and lack of security that originated
the adoption of the provisional measures, to the point that the number of violent deaths
seen during 2004 has been reduced.” However, they indicated that "the conditions for
those deaths to occur, whether homicide or suicide, continue to be in place" and that "it is
therefore necessary to maintain the protective measures." They also indicated that “despite
viewing positively the progress made in implementing specific actions with regard to the
inmates in the Gustavo André prison farm in Lavalle toward improving the general
conditions of the penitentiary population in the province, such as the construction of new
facilities, [they highlight] that the situation of risk has not been overcome.”
35. Likewise, the representatives indicated that the internment conditions seen at the
time of the Inter-American Commission's in loco visit in 2009 are the same. However, they
recognize that due to the provisional measures ordered by the Court, the situation of
individuals deprived of liberty has improved. Finally, they asked the Court to maintain the
provisional measures "for a time longer" and that they be lifted only when the State has
complied with certain requirements - such as, for example, compliance with the “Asuncion
Accords” - and indicated that the best result of the measures has been the strengthening of
democratic institutions, a project contained in the friendly settlement in order to resolve
the situation domestically (supra Having Seen 3).
36. For its part, the Commission considered that "the risk faced by the beneficiaries
remains" and that the "measures taken by the State have not been sufficient to eradicate
the risk faced by the beneficiaries." It added that it has been demonstrated that "the
continuation of the situation of insecurity and the deficient health, physical, and sanitary