3
6.
The State’s brief of March 28, 2011, in which it asked the Court to grant “a prudent
extension of the time limit [...], taking into account the importance of verifying all the facts
alleged by the petitioners with the corresponding government entities,” in order to present
its observations and any other pertinent documentation in relation to the Inter-American
Commission’s request for provisional measures. In this regard, in the Secretariat’s note of
March 30, 2011, and on the instructions of the President of the Court, the State was
granted the requested extension until April 7, 2011.
7.
The brief of April 7, 2011, and its attachments received on April 8 and 13, 2011, in
which, although indicating that “for more than two decades, the Venezuelan prison system
has suffered a serious operational crisis, which is manifested by the number of inmates who
have died or been injured in violent clashes within the prisons,” the State asked the Court to
reject the Inter-American Commission’s request to adopt provisional measures, emphasizing
the measures taken by the State “faced with a structural prison problem,” the alleged
“disparity between the data provided by the petitioners as grounds for [their] request, and
the official data of the agencies with jurisdiction in this matter, such as the National Prison
Services Directorate. In particular, the State maintained that:
a) The measures adopted included:
i.
ii.
iii.
iv.
v.
vi.
The Constitution of the Bolivarian Republic of Venezuela, which establishes
protection for and guarantees compliance with the rights of those deprived of
liberty, among the constitutional norms on which the Venezuelan prison
system is based;
The project to Humanize and Modernize the Venezuelan Prison System, which
began in 2006 with the goal of reforming the structure of the prison system,
based on complying with the fundamental rights of those deprived of liberty,
ensuring that inmates and their families are treated decently and respectfully,
providing them with values and giving a sense to their life, increasing their
self-esteem, and providing them with opportunities that were previously
denied;
The major transformation of the Directorate General of Custody and
Rehabilitation into a decentralized body known as the National Prison Services
Directorate (DNSP), with competence in the areas of administrative, financial
and budgetary management, enabling it to formulate and execute public
policies in accordance with the changes in the prison system, in line with the
new legal framework and the humane and progressive concept;
The distribution of vehicles, including ambulances, to the DNSP for the
transport of small, medium and large loads, to be acquired at the end of the
first quarter 2011;
The incorporation into the Code of Criminal Procedure of the classification for
minimum, medium and maximum security, as well as the parameters to be
followed in this procedure, and the professionals responsible for executing it,
and
The legislative initiatives concerning the prison system, such as the
submission of the Code of Criminal Procedure to the National Assembly, which
was unanimously approved by the members of the Assembly on April 5, 2011.
It is presently being debated by the first Regional Penitentiary Council.
b) In 2010, there were 150 detainees for every 100,000 inhabitants of Venezuela;
in other words, 43,520 persons deprived of liberty, while it was recorded that 315
persons had died and 998 had been injured, which corresponded to 0.71% and
2.24% of the total prison population, respectively;