17. The petitioners add a series of press clippings on the Provincial Penitentiary and the
subject of security. The press clippings indicate that during 2004 there was a series of riots,
deaths and injuries at the Penitentiary, as well as cases of tuberculosis and a fire that also cost
lives.
18. On October 26, 2004, the Commission received from the petitioners a copy of a report
from the inmates of Cell Block 6 at the Provincial Penitentiary of Mendoza, signed by a
provincial representative and submitted to the Defender of the People of the Province of
Mendoza. This report corroborates the facts described above regarding the conditions of
detention at the Penitentiary of Mendoza, that violate the petitioners’ human rights.
B.
The State
19. The State maintains that this petition presents the same problems as led to the request for
precautionary measures.
20. The State feels it advisable to recall that the Inter-American Court of Human Rights
resolved to adopt provisional measures in the “case of the Penitentiaries of Mendoza” on
November 22, 2004 and asserts that since it learned of the request for provisional measures it
has taken numerous steps in collaboration with the provincial government in an effort to seek
solutions to the conflict.
21. In the response the State sent to the Commission on August 19, 2005, regarding the
request for information on this petition, the State’s principal argument is that “the petition
under review and the provisional measures adopted by the Honorable Court are not only
different cases but they have also been initiated by different petitioners. For that reason, the
Argentine State does not consider it advisable - on this occasion - to express its views
regarding the potential objections that could be filed in the area of admissibility and/or the
merits.”
22. Without prejudice to the above, the State considers it advisable to suggest opening a
dialogue with the petitioners to explore a friendly settlement in response to this petition. It
may be noted that, as of the date of this report, the parties have not initiated a friendly
settlement process with respect to this petition.
IV.
PROCESSING OF PRECAUTIONARY MEASURES AND PROVISIONAL MEASURES
23. In response to the request for precautionary measures the Commission received on July
28, 2004, recorded under number 923-04, the IACHR decided on August 3, 2004 to ask the
State to adopt precautionary measures in consultation with the petitioners in order to:
a) Ensure due conditions of security needed to safeguard the life and personal
integrity of the inmates;
b) Separate inmates in preventive detention from those convicted; and
c) Provide adequate hygiene and health conditions, including access to sanitary
services and showers.
24. While the precautionary measures were in effect, the Commission received 26 letters
signed by 227 inmates at the Provincial Penitentiary indicating that the conditions prevailing in
the prison had not improved. Furthermore, while the precautionary measures were fully in
effect, the Commission learned that another inmate died on August 28, 2004, and that an
inmate received serious injuries requiring hospitalization on October 14, 2004. Given the lack
of progress in terms of security conditions at the Penitentiary of Mendoza, on October 14,
2004, the Commission asked the Inter-American Court of Human Rights to order the Argentine
State to:
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