28.
The State specified that “at present [the Yanamayo prison] houses inmates who
have committed any crime, provided that it falls under the Rules of the Closed Ordinary
Regimen [and,] where health problems arise, [they are relocated].” It noted that “those
detained for terrorism were transferred […] to other national prisons to avoid [problems]
with their health and physical integrity,” and indicated that, to date, “the prison has been
repopulated with ordinary inmates from the city of Puno, Juliaca and nearby
communities.” Nevertheless, it reported that “frequent riots [caused the] collapse of
basic services [, currently] undergoing maintenance.” The State also reported that “there
are plans for the construction of a new elevated tank, which will provide water to the
population of 333 inmates currently detained.”
29.
Furthermore, the State pointed out that Mrs. Berenson “was transferred [in] 1998
from EP Yanamayo to EP Socabaya Arequipa after experiencing health problems and in
response to the recommendations made by the Inter-American Court.” Subsequently,
“she was transferred to EP-Huacariz-Cajamarca and later to EP Chorrillos- Lima, from
which she was released on parole.”
30.
Regarding this point, the representative stated that he “appreciates the
Commission’s continued insistence regarding the detention conditions of the Yanamayo
prison [and h]opes that the Commission will continue its investigation on the living
conditions at the Challapalca prison.”
31.
The Commission stated that “it takes note of the information provided by the
State and appreciates that maintenance activities are being carried out on basic services
and that corrective measures are being taken to eliminate water shortages at the
[Yanamayo] prison.” Nevertheless, it considered that “the information is limited and does
not allow for a comprehensive analysis regarding the adaptation of the conditions of
detention [in this] prison […] to international standards.”
ii) Considerations of the Court
32.
The Court recalls that the Judgment on the merits in this case declared the
Peruvian State's international responsibility for the conditions of detention imposed on
the victim at the Yanamayo prison. Specifically, the victim was confined in the prison,
located at 3800 meters above sea level, and was held for one year in solitary
confinement, in a small cell with no ventilation, no natural light, without heating, with
poor nutrition and poor sanitation. 26
33.
In this regard, the Inter-American Court recalls that “the State holds a special
position as guarantor of the rights of persons deprived of their liberty, since prison
authorities exercise a strong control or command over the persons in their custody[,
which] creates a unique interaction and relationship of subordination between the
detainee and the State.”27 In this regard, “given this unique relationship and interaction
of subordination between an inmate and the State, the latter must take on a number of
special responsibilities and initiatives to ensure that persons deprived of their liberty have
the conditions necessary to live with dignity and to enable them to enjoy those rights
26
Cf. Case of Lori Berenson Mejía v. Peru, supra note 5, para. 106.
27
Cf. Case of García Asto and Ramírez Rojas, Judgment of November 25, 2005. Series C No. 137, para.
221; Case of Fermín Ramírez, Judgment of June 20, 2005. Series C No. 126, para. 118, and Case of Montero
Aranguren et al. (Retén de Catia)v. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment
of July 5, 2006. Series C No. 150, para. 34.
8