d) Regarding the alleged measures adopted by the State in relation to the reported
facts
18.
The State alleged that it had taken a series of measures to put an end to the acts
that had occurred and been reported by the Inter-American Commission. It submitted a
report by the province of Mendoza in which, it alleged, the individualized acts of torture
and mistreatment against inmates of the Mendoza prisons were not tolerated or justified
in any way. The State indicated that, owing to the actions taken, the safety, life and
integrity of the inmates “are ensured as evaluated in November 2010.”
19.
With regard to William Vargas García, Walter Fabián Correa, Andrés Yacante and
Matías Marcelo Tello Sanchez, the State alleged that it had adopted the following
measures:
i)
The Treatment Department of the San Felipe Prison Complex had conducted an
“exhaustive physical, mental and legal review” of them. They had undergone an
“individual psychological interview to verify their situation as regards their
transit through the progressive punishment regime, their actual mental
conditions, and the possibility of and/or need for temporary relocation.” The
provincial report indicated that, owing to the time that has elapsed and despite
the notoriety of the facts, no visible aftereffects had been identified.
ii)
Regarding the legal situation, the judicial files and records of each inmate were
reviewed.
iii) In relation to the above, on February 9, 2011, William Vargas García was
released on parole.
iv) The other three accused, who are being prosecuted for different offenses, are
awaiting their respective oral trial. As a safeguard measure, and in order to
ensure a “comprehensive containment scheme,” they were incorporated into a
module without inmates and with a special guard composed of guards from
other units. Subsequently, and at the request of their next of kin and the
representative, they were transferred to Unit VII of Tunuyán (the Transit
Prison), to await the conclusion of the preliminary administrative proceedings of
all those eventually found responsible for the facts. In this unit, they receive a
weekly medical inspection. In its latest report, the State indicated that, on April
28, 2011, Walter Fabián Correa, Andres Yacante and Matías Marcelo Tello
Sánchez had been transferred to Almafuerte Prison Complex III. They are in a
module for inmates who are “Young Adults – on trial” and have access to food,
central heating, a public telephone, different types of recreational activities, and
a once-weekly seven-hour visiting regime. This module has internal and
external exercise yards, individual cells and appropriate conditions. The “Social
Action Division” has provided them with specialized professional attention. On
May 27, 2011, Walter Fabián Correa was transferred back the San Felipe Unit,
at his mother’s express request, and
v)
According to a medical evaluation in May 2011, Andrés Yacante and Marcelo
Tello Sánchez are in good health. And Walter Fabián Correa, who has
repeatedly tried to commit suicide, has been provided with permanent
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