particular, information was provided on reports of inhuman and degrading treatment
inflicted on inmates in the provincial prisons, the investigation of which suffered long
delays and gave rise to fears that it was neither independent nor exhaustive. 17 The
representatives argued that, even though the judicial authorities had declared several
applications for habeas corpus admissible, prolonged detention and acts of torture
within the pavilions continued.18 The report of the visit made to the prisons by the InterAmerican Commission’s Rapporteur for the Rights of Persons Deprived of Liberty at the
end of April 2009, stated that prison staff inspection teams comprised only a few
officials, so that, given their numerical disadvantage, they used very violent procedures
to carry out the inspections.19
36.
Although the facts alleged on this occasion refer to acts committed by several
prison agents against two inmates of the San Felipe Unit, the reported situation of acts
that could be classified as inhuman or degrading treatment, and even forms of torture,
could indicate the possible existence within the prisons of certain practices incompatible
with the State’s obligations under the Convention. In any case, this should be an
obvious line of investigation into the facts by the domestic authorities during the
administrative and criminal proceedings. Although the State may be adopting measures
to investigate and prosecute the alleged perpetrators of the acts, in both the
administrative and the criminal jurisdictions, together with measures to prevent similar
acts (supra twenty-second considering paragraph), it did not report whether all its
investigative mechanisms were trying to determine specifically whether similar practices
or acts exist within the prisons, because it alleged that such practices do not exist.
37.
With regard to the individual or specific protection requested by the Commission,
according to the information provided by the Commission and by the State, the latter
appears to have adopted a series of measures in order to protect the life and physical
integrity of William Vargas García, Walter Fabián Correa, Andrés Yacante and Matías
Marcelo Tello Sanchez (supra nineteenth considering paragraph). Nevertheless, the
Commission has advised that these individuals have been attacked in the places of
detention to which they were transferred and that the witnesses of the acts are not
receiving adequate protection, and the State has not provided any response to this.
38.
In relation to the measures adopted with regard to the “alleged perpetrators of
the acts of torture and ill-treatment against the inmates of the San Felipe Prison
Complex,” together with other measures, the State underscored:
i)
The opening of 10 administrative procedures (investigation and pre-trial
proceedings for possible administrative offenses) by the General Security
Inspectorate, during which it was decided to open a summary administrative
proceeding and apply preventive suspension or removal in the case of seven
prison agents who were involved; as well as charges against and the dismissal of
17
Cf. Annual Report of Amnesty International published on May 25, 2005, on significant events
between January and December 2004, folio 1114 of the case file.
18
Cf. Matter of the Mendoza Prisons, supra note 3, having seen paragraph 51(d).
19
Cf. Special report of November 16, 2008, on the situation of the Provisional Prison and the “Dr. Juan
Bautista Vitale Nocera” Penal Farm in the Gustavo André district, Lavalle department, Mendoza, Argentina,
and observations on the State’s most recent reports on implementation of the provisional measures ordered
by the Court on November 22, 2004, paragraph 17, folio 6912 of the case file.
16