psychological monitoring and assistance; on 11 occasions, he has received
attention in the Medical Assistance Division and, although he was treated in the
El Sauce Hospital for a fresh suicide attempt on May 19 and 20, four days later
he was re-evaluated by the psychiatric services and it was determined that he
had been “compensated, and was no longer considering suicide.” The State also
presented conclusions of reports on these three individuals prepared by the
Psychological Treatment Division.
20.
In its latest brief (supra twenty-first having seen paragraph), the Commission
stated that William Vargas García was allegedly continuing to receive threats, even
though he had been accepted into the witness protection program when he was
released on parole and the State has not given him any protection. In addition, although
the provincial government had apparently obtained a house for him, he does not live in
it “because there is no furniture.” Furthermore, one of his former cellmates had also
been a victim of torture that had been reported, and he does not have protection either.
Regarding Walter Fabián Correa, “who reported harassment and being beaten in
Almafuerte, he asked to be released, but his request was refused,” and the authorities
have taken no action in relation to his suicide attempts. Regarding Andrés Yacante and
Marcelo Tello Sánchez, the application for habeas corpus filed in their favor owing to the
alleged beating received in the Almafuerte Unit, and orders had been issued to transfer
them to the San Felipe Unit. The Commission reiterated that they are in a situation of
aggravated risk, not necessarily owing to the fact that they remain detained in the place
where the reported facts occurred, but rather owing to the complaint itself, which
revealed what happens in the said prison units. Lastly, the Commission stated that,
during the investigation into the acts of torture, it was reported that an inmate had
been forced to sign a statement affirming that it was he who had obtained the mobile
telephone with the films.
21.
The State indicated that it had taken several measures with regard to those who
had been identified as “allegedly responsible for the acts of torture and ill-treatment
against the inmates of the San Felipe Prison Complex”; in particular:
i)
Administrative proceedings by the General Security Inspectorate, a
decentralized body responsible for investigating and initiating pre-trial
proceedings for administrative errors, with the consequent determination of
responsibility of the members of the provincial security forces. Ten preliminary
administrative procedures have been conducted, in which the opening of
preliminary administrative proceedings and the application of preventive
suspension or removal has been ordered for seven of the agents involved;
ii)
Those exercising supervisory tasks were charged and removed from their
functions based on failure to comply with their control obligations;
iii) Administrative case files have been opened owing to complaints received by
telephone from next of kin of inmates based on newspaper articles, and owing
to complaints forwarded by the Human Rights Directorate of the Ministry of
Governance;
10