28
81.
The petitioners allege that the way in which the 107 victims in the instant case died
is in itself a violation of the right to humane treatment. They argue that the victims’ death was not
instantaneous; instead it was a death of prolonged suffering and agony that began when the fire
broke out in Cellblock 19, until the doors that kept them locked inside were finally opened. During
that period, they likely inhaled toxic gases released by the materials on fire, gradually choked to
death while being burned, sensing the smell of the burned flesh of the other inmates already
engulfed in flames, while they watched helplessly as the prison authorities did not know what to do
to react to the fire. The petitioners argue that the 107 people who died did so under circumstances
that caused them terrible pain and suffering, particularly those whose agony went on for the weeks
or even months spent in hospital. 69 The State did not refute these assertions.
82.
The Commission observes that based on the information in the record of the court
inquiry, specifically the bill of indictment and the record of the initial hearing, approximately 30
minutes were said to have passed between the time the fire broke and the time Cellblock 19 was
evacuated. 70 It also observes that according to the autopsy reports in the record of the court
inquiry, at least 100 of the inmates who died in the fire were severely burned. 71 In some cases, like
that of Hauner Isaías Ríos and José López Hernández, the burns covered, respectively, 75% and
80% of their bodies. 72 Indeed, most of the autopsy reports list the death as “a violent death.” 73
83.
These facts suggest that the victims who perished in the May 17, 2004 fire
experienced a traumatic and painful death in that fire, especially those who succumbed to their
burns in hospitals. The suffering and pain of the burn victims have to be taken into account: both
those who burned to death immediately in the fire, and those who sustained fatal burns that
ultimately claimed their lives in the days that followed. Therefore, given the intensity, duration and
particular circumstances of their death, 74 the Commission considers that the manner in which the
alleged victims died constituted a violation of the right to humane treatment that is incompatible
with the respect that human dignity demands.
84.
It has also been established that the inmates incarcerated in Cellblock 19 endured
many of the conditions that both the Inter-American Commission and the Inter-American Court have
described as constituting cruel, inhuman and degrading treatment. Cellblock 19 was a place
measuring just 15 by 20 meters, but housed 183 people; it had neither ventilation (except for a
small place in the roof where air was able to get in) nor natural lighting; it had only four toilets, but
no sinks or showers; it was a hot, humid and unhealthy place, with no area where inmates could
receive visitors, not even for conjugal visits, which had to be on the inmates’ beds. Inmates in
Cellblock 19 had no access to sports areas. They had no regular water supply and their diet was
69
Original petition received on July 14, 2005, p. 36. The petitioners’ observations on the merits, dated April 10,
2009.
70
Original petition received on July 14, 2005, pp. 16 and 17; Annex 12. Case 1009/04. Folio 1451 and 1452:
Record of Initial Hearing.The petitioners’ observations on the merits, dated April 10, 2009. Annex 20. CD with the record of
the domestic court proceedings in the case and testimony. Case 1009/04. Volume I. Folios 4 and 5: Bill of Indictment.
71
Original petition received on July 14, 2005. Annex 14. Case 1009/04. Folios 360-522: Autopsy reports.
72
Original petition received on July 14, 2005. Annex 14. Case 1009/04. Folios 436 and 521: Autopsy reports.
73
Original petition received on July 14, 2005. Annex 14. Case 1009/04. Folios: 362, 372, 374, 379, 383, 384,
392, 396, 405, 408, 411, 413, 415, 418, 419, 424, 426, 427, 430, 432, 434, 442, 444, 449, 452, 455, 460, 462, 464,
466, 469, 471, 473, 475, 478, 480, 482, 485, 487, 491, 494, 496, 498, 500, 502, 506, 508, 510, 512, 516, 519 and
521. Autopsy reports, See Conclusions section in each of those reports.
As mentioned in the section on Proven Facts (see paragraph XX), a number of witnesses testified that the prison
guards were slow in opening the gate leading into Cellblock 19; once there, rather than open the door immediately the guards
allegedly began hurling insults and shouting abuses at the inmates locked inside. They did not react with the efficiency and
speed that an emergency of this kind demands to prevent 107 people from dying.
74