4
Tribunal obtained information from the State and received the observations of the InterAmerican Commission and the representatives on the implementation of the provisional
measures in force in these matters. Within the framework of said hearing, the
representatives delivered to the Court’s Secretariat a list of the signatures from the
beneficiaries of the provisional measures, by which they requested this Tribunal to maintain
such measures. During the hearing, the representatives requested the expansion of the
provisional measures in favor of Mr. Humberto Prado and Carlos Nieto Palma.
12.
The brief of October 8, 2009 by which the representatives of the beneficiaries
presented "[their] arguments regarding the maintenance and the expansion" of the
provisional measures ordered by the Tribunal in the four matters. In said brief, the
representatives requested:
1.
[t]o keep the [p]rovisional [m]easures ordered by [the] Court [...] in favor of the people
confined in the prisons of La Pica, Yare, Uribana and El Rodeo and to adopt, without detriment to
the foregoing, any other measure necessary in order to bring the conditions inside the prisons
into line with the international standards applied to this matter. The foregoing measures should
be immediately adopted by the State so as to effectively avoid that [...] no inmate or person in
the confinement centers is killed or treated inhumanely [;]
2.
[t]o repeat that the State must comply with the provisional measures ordered by the […]
Court, especially:
a) to substantially reduce overcrowding [;]
b) to confiscate the weapons kept by the inmates [;]
c) to separate untried prisoners from convicted prisoners [;]
d) to adjust the confinement conditions to the international standards applied to this
matter [;]
3) to provide the necessary medical care to inmates [, and]
f) to conduct a continuous oversight of the confinement conditions, and the physical and
emotional condition of inmates [;]
3.
[t]o expand the […] provisional measures to include Mr. Carlos Alberto Nieto Palma,
Director of the organization called Una Ventana a la Libertad [A Window to Freedom] and
members of the Observatorio Venezolano de Prisiones, Marianela Sánchez, María Inés García,
Emil Niño, Wilmer Linero, Miriam Bolívar and Humberto Prado, the latter Director of [Observatorio
Venezolano de Prisiones];
4.
[T]o require the State to have a meeting with representatives of the beneficiaries and to
allow them [t]o participate in the planning and implementation of the protective measures to be
adopted for the sake of compliance therewith [;]
5.
[T]o require the State not to criminalize the human rights defenders in prisons;
6.
[t]o require the State to duly inform on the actions taken for the properly compliance
with the measures;
7.
[t]o require the State […] to expedite the procedural delay that affects people deprived
of liberty in the instant cases[, and]
8.
[t]o require the State to guarantee the inmates’ next-of-kin respect for human rights
when they visit said penitentiary centers, so as not to subject them to humiliation and degrading
treatments.
13.
The note of the Court’s Secretariat of October 13, 2009, by which, following the
Guzmán; on behalf of the representatives, Mrs. Marianella Villegas Salazar and Mr. Humberto Prado, Wilmer Linero,
Francisco Quintana, Carlos Ayala Corao, Carlos Nieto, Carlos Miguel Reaño and Emil Niño, and on behalf of the
State, Attorney of the Office of the State's Agent, Luisangela Andarcia, and National Director of Penitentiary
Services Consuelo Cerrada, and Agent Germán Saltrón Negretti;Director of the Procedural Representation Office of
the Attorney General’s Office Alejandro Castillo; Officer of the Representation Office of the Attorney General’s
Office Roberto Acosta and Manager of the Project on Humanization of Confinement Centers, Mr. Reynaldo Hidalgo.