9
violence in the Confinement Center. The incidents of violence in the prison
persist and have resulted in more deaths and injuries, including the deaths of
at least six inmates on May 13, 2007. Although the Commission recognizes
the State's goodwill, the safety of the Center is inadequate and the actions
undertaken by the State have been insufficient;
ii.
although the number of violent incidents provided by the State and the
representatives differ, the reports indicate that such problems persist;
iii.
although the State reiterated its plan to construct 15 new
penitentiaries, the State's report shows that it has not implemented any
concrete action towards that goal;
iv.
the State informed that the number of security guards in the
Confinement Center has increased from 14 to 22. The Commission expects
that more guards will be added in the coming months, and
v.
the lack of separation between the inmates awaiting judgment and the
convicted inmates, combined with the absence of an adequate regimen of
security and control, aggravate the tension and violence amongst the inmates
and between the prisoners and guards.
b)
regarding the measures necessary to: a) substantially reduce overcrowding at
Monagas Judicial Confinement Center (“La Pica”), b) confiscate weapons in the
hands of detainees, c) separate accused detainees from those who have been
convicted, d) conform the conditions at the Confinement Center to international
standards, and e) provide the necessary medical attention to detainees in such a
way that guarantees their right to humane treatment:
i.
the State has not provided information regarding the specific measures
undertaken to reduce the overcrowding or to implement the separation of
inmates;
ii.
the Court should require the State to submit a detailed report
regarding the existing capacity of the cells, as well as a listing of the inmates
that specifies their actual physical location, in order to establish and reduce
the level of overcrowding;
iii.
the State should advise when it will open the area of confinement for
individuals between the ages of 18 and 21 and how said facilities will
“substantially reduce overcrowding”;
iv.
the National Guard's participation in the arms searches demonstrates a
lack of planning as well as disdain for the international standards applicable to
this type of action. Complaints regarding abuse and maltreatment to the
detriment of the prisoners during the searches persist;
v.
on November 24, 2006, the State authorities held a meeting in which
they agreed to “the use of metal detectors in the future.” The Commission
expects the State to provide further information regarding the implementation
of said agreement;
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