7
assume in its position as guarantor, and in order to protect and guarantee the right to
life and physical integrity of those deprived of liberty, is that of [seeking] them the
minimum conditions compatible with their dignity as they remain in detention
centers.”5 Thus, regardless of the existence of specific provisional measures, the State
is especially obliged to guarantee the rights of the people in circumstances of
deprivation of liberty.6
12.
That the Court, within its adjudicatory jurisdiction, tried the case of Montero
Aranguren et al. (Detention Center of Catia) v. Venezuela,7 in which it held the State
responsible for the prison conditions of such premises and ordered, inter alia, that:
145.
[…] as a guarantee of non-repetition, the State [must], within a reasonable time, take
all necessary actions to allow prison conditions to conform to international standards.
146.
In particular, the State must guarantee that the living conditions of the inmates are
the result of the respect due to their dignity as human beings; including, inter alia: a) bed
space that meets minimum standards; b) accommodation which is ventilated and naturally lit;
c) regular access to clean toilets and showers securing toilet privacy; d) adequate, timely and
sufficient food and health care; and e) access to educational, employment and other
opportunities to assist inmates towards a law abiding and self supporting life.
13.
That, apart from the mentioned case, the situation of three Venezuelan prisons
have been brought to the Court’s attention (Yare I and Yare II Capital Region
Penitentiary Center, Monagas Judicial Confinement Center “La Pica” and the
Penitentiary Center of the Central Occidental Region “Uribana Prison”), with regard to
which the Tribunal has considered relevant to order provisional measures. These
matters present situations similar to the one shown by the Commission in the Rodeo
Prison.
14.
That according to the information provided by the Commission in this matter,
the assessment made by the Tribunal regarding the three Venezuelan prisons with
regard to which it has ordered provisional measures and above all, the decision of the
Court in the contentious case at issue (supra Considering clause twelve), the situation
in the Rodeo Prison makes it necessary that, while the State makes the appropriate
adjustments to deal with the structural problems, the persons confined in such
premises who are being affected by such flaws, be protected by provisional measures
if their condition is of extreme seriousness and urgency.
15.
That in view of the principle of subsidiarity informed by the Inter-American
System of human rights, an order for the adoption of provisional measures under
Article 63(2) of the American Convention is justified in situations of extreme
seriousness and urgency and before the possibility of causing irreparable damage to
persons, with regard to whom the existing ordinary guarantees of the State turn out to
5
Cf. Case of the "Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits,
Reparations and costs. Judgment of September 2, 2004. Series C No. 112, para. 159; Matter of the
Mendoza Prisons, supra note 4; considering clause ten; Matter of Urso Branco Prison. Provisional Measures
regarding Brazil. Order of the Court of September 21, 2005, considering clause six ; Matter of Children
Deprived of Liberty in “Complexo do Tatuapé” of FEBEM. Provisional Measures regarding Brazil. Order of the
Court of November 30, 2005, Considering clause seven.
6
Cf. Matter of Mendoza Prisons Provisional Measures Regarding Argentina. Order of the President of
the Court of August 22, 2007, Considering clause six.
7
Cf. Case of Montero Aranguren et al (Detention Center of Catia) v. Venezuela. Merits, Reparations
and Costs. Judgment of July 5, 2006. Series C Nº. 150.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents