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93.
During the Commission’s visit to Argentina between December 13 and 17, 2004, the
Commission was able to corroborate how serious the security situation is for the inmates in the Mendoza
prisons and the deplorable detention conditions that they endure. The following were among the
Commission’s principal findings:
The deplorable security conditions at the Mendoza Provincial Penitentiary breed high
rates of inmate violence. During the meeting that preceded the Commission’s visit to the
Penitentiary’s facilities, the new director of the establishment acknowledged that the security
system was deficient;
Because of the poorly controlled security and the overcrowding at both establishments,
activities as basic as food distribution or cell assignments cause fights among inmates. According
to what the inmates themselves told the Commission, the guards themselves induce the fighting by
switching violent inmates from one cellblock to another.
The overcrowding problem is serious at both prisons visited; this creates a tense climate
as the inmates have to fight for everything, from a place to sleep to a little water to drink.
The cells, aisles and hallways have no artificial lighting and very little natural light gets in.
There is no ventilation system, so that the smell of food, excrement and urine is constantly in the
air.
The Commission observed that some of the passageways were partially flooded with
wastewater.
The hygienic conditions are deplorable, since the prison officials themselves pay no heed
to the question of cleanliness and do not provide the inmates with the materials they need to clean.
Many inmates have skin diseases or chronic infections because of the environment in which they
live.
The inmates eat their food and see to their physiological needs in the cell itself. They are
locked in their cells for some 16 hours a day, with eight hours of “recreation time” during which they
are required to leave their cells; if they are being punished, they are forced to remain in their cells.
The toilet facilities at the Provincial Penitentiary do not work. If not completely destroyed
and flooded, there is no water to empty them.
The inmates use plastic bags to defecate, which accumulate on the floor of the bathroom;
they use plastic bottles as urinals and then empty them through windows onto the prison grounds
or in the spaces beneath the staircases to the upper floors of the cellblocks, in order to be able to
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use the bottles again.
94.
In the report that the Commission presented to the Court on November 16, 2009,
concerning the visit that the Inter-American Commission’s Rapporteur for the Rights of Persons Deprived
of Their Liberty made in April of that year to the Mendoza Provincial Penitentiary, the IACHR concluded
that the insecurity and violence that prompted the request seeking provisional measures persist, so that
the protection has to be kept in place. The Commission specifically warned that the seriousness of the
situation -a fact that federal authorities and a number of provincial authorities acknowledged- is reflected in
the numerous incidents that have occurred in the five years that the provisional measures have been in
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effect.
E.
The death of Ricardo David Videla Fernández
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First special report filed with the Inter-American Court in the context of the provisional measures granted on behalf of
the inmates in the Mendoza prisons. April 6, 2005.
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Second special report filed with the Inter-American Court in the context of the provisional measures granted on behalf of
the inmates in the Mendoza prisons. November 16, 2009.