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c) in an administrative order issued on March 1, 2007, the Supreme Court of
Mendoza, “[a]nalyzing the content of the judgment passed by the National
Supreme Court in the case of ‘Lavado Diego et al vs. the Province of
Mendoza’, […] as it is the duty of this Court to cause any situation implying
any cruel, degrading treatment to come to an end, or the end of any other
treatment contrary to the National Constitution”, inter alia, considered
“That from the visit paid on February 10 of this year it was possible to verify
the state of precariousness and lack of hygiene of the facilities of “Bulogne
Sur Mer” Penitentiary institution, ” […]
The deplorable state of the restrooms and the spots aimed for personal
hygiene purposes has also been verified, as well as that they are completely
insufficient in number for their physiological needs, without any respect
whatsoever for the basic right to privacy as they have no doors; in fact, bags
and plastic bottles are actually used for that matter.
That the minimum dignity conditions suppose, at least, the existence of a bed
to rest and a proper place for hygiene purposes, conditions absolutely nonexistent within Bulogne Sur Mer facility, and impossible to correct with the
necessary urgency they require.Notwithstanding that, and considering the above mentioned peremptoriness,
it is not impossible to mitigate the extremely serious situation by means of
some urgent and immediate measures, while expecting the activation of
penitentiary institution “Almafuerte”.
[AND] DECID[ed]:
A.- To communicate the Provincial Executive Power that with the highest
possible degree of urgency it shall;
1.- Proceed to disinfect Bulogne Sur Mer penitentiary in order to eradicate
insects (cockroaches) taking the proper measures for the permanent
cleansing of the cellblocks.
2.- Provide chemical toilets, substitute or other type of toilets in a sufficient
number in the different cellblocks which allow the privacy and dignity for the
physiological needs of the inmates.
3.- Cause the situation of excessive overcrowding to cease, relocating the
inmates in dignified conditions.
4.- Adopt the measures to efficiently guarantee the inmates physical integrity
so as to avoid situations which may risk their life.
5.- Provide permanent control, care and medical assistance for the inmates,
especially those of cellblock No. 15.
[…]
d) in a decision of March 20, 2007, the National Supreme Court ruled on the
merits of the lawsuit filed (supra Considering Clause No. 13(a)). Although it
decided that the case ��is not of the original jurisdiction of this National
Supreme Court” and it ordered “to forward the case file to the Cámara
Nacional de Apelaciones en lo Contencioso Administrativo Federal (National
Appellate Court on Federal Administrative Matters) for the pertinent
purposes [… and] certified copies of the case file to the Supreme Court of
Mendoza”, it considered, inter alia:
13) That, in effect, it is convenient to remember that the National
Executive Power has the power to represent the State in the context
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