7
shall only be allowed in extreme circumstances and shall be completed by medical
staff;” pursuant to Memorandum 003/07, any petitions made by inmates, whether
orally or in writing, must be received by security personnel, and must be delivered
to the Penitentiary Director by the Module Chief Officer. All inmates confined
therein have been interviewed by the Director of by Officers, and there are 6
medical doctors on duty 24 hours a day, psychological and dental assistance is also
provided. As regards the request to broaden the provisional measures, the State
further declared that the inmates confined at the Almafuerte Complex are duly
classified (only convicts are confined therein,) no events have occurred that may
allow to believe that the physical integrity of the inmates is endangered, since they
are properly watched over and medical checks are conducted. There is no
overcrowding, no lack of hygiene, or improper feeding. The request of the
petitioners is based on the writ of habeas corpus upheld by the Criminal Sentence
Execution Judge, and the State has complied with all the measures ordered by the
said judge. Therefore, there are no reasons that may justify the international
jurisdiction, and thus, the intervention of the Court. Due to the aforesaid, the State
considered that all the information available is not enough to conclude that there
exists a situation of extreme seriousness and urgency and that irreparable harm
can be caused, so as to justify a possible broadening of the provisional measures
so as to extend their effects to all those inmates confined in the Complejo
Penitenciario III (Almafuerte) (III Penitentiary Complex –Almafuerte-.)
10.
That the request to broaden the provisional measures was brought before
the Court during its previous Extraordinary Session, as well as the observations and
notes directed to the Presidents of both the Court and the Commission in May
2007, by means of which the State invited “the President [of the Commission...] to
pay a personal visit [to the Complejo Penitenciario III (Almafuerte) (III Penitentiary
Complex –Almafuerte-]." At that time, the Court considered proper that, before
making any decision regarding the request to broaden the provisional measures,
the Inter-American Convention informed its decision as to the invitation extended
by the State, as well as its current opinion on the need to broaden the provisional
measures at issue (supra Having Seen Clause No. 19). The Commission replied,
after the last Regular Session of the Court, that “...should it gather the necessary
resources it would prepare a visit for the end of the year...” (supra Having Seen
Clauses No. 20 and 24).
11.
That the representatives filed an habeas corpus remedy at domestic level
based on the same grounds alleged for requesting the broadening of these
measures (supra Having Seen Clauses No. 8 and 9 and Considering Clause No. 6).
A provincial court of criminal enforcement accepted the habeas corpus remedy filed
through a decision dated March 23, 2007, in which “apart from Medina Ponce, other
40 inmates institutionalized therein are also benefited after having been
interviewed, after having requested reports and after having paid a visit to the
Detention Center." As informed by the representatives, in the above mentioned
Judgment, inter alia, it was decided,
TO SUMMON the Director of the Complejo Penitenciario III (Almafuerte) (III
Penitentiary Complex –Almafuerte-) in Cacheuta, in order that he immediately starts
the negotiations, gives orders and/or executes the necessary proceedings so that any
cruel, inhuman and degrading treatment to which the inmates confined in SECTORS I
and 2 of the said Complex are subjected to comes to an end [...; to] ensure their right
to petition, thus instrumenting a fast and effective channel to forward the different
writs and/or mail directed –without previous censorship- to the judicial and/or
administrative authorities […;] so that he effects the proceedings necessary to provide
and/or allow the access of radio and/or television sets to grant the right to information
that the inmates have […;] so that within [five days] he effects all the negotiations
necessary to provide any means of telephone communication to the inmates confined
in Complex III in order to guarantee their right to communication […] TO RECOMMEND
the Director of the Complejo Penitenciario III (Almafuerte) (III Penitentiary Complex –
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