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THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority conferred on it by Article 63(2) of the American Convention on
Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To reiterate that the State must maintain the measures the State has informed it is
adopting, as well as to adopt forthwith the supplementary measures necessary to efficiently
and definitively avoid violence within the Monagas Confinement Center (“La Pica”), so that
no inmate or person in the Confinement Center is killed or treated inhumanely.
2.
To reiterate that the State must, without prejudice to the measures for immediate
implementation ordered in the preceding operative paragraph, adopt those measures
necessary to: a) substantially reduce overcrowding in the Monagas Confinement Center (“La
Pica”), b) confiscate any weapons found in the possession of inmates, c) separate the
accused inmates from the convicted inmates, d) conform the existing detention conditions in
the Monagas Confinement Center (“La Pica”) to the applicable international standards and
e) provide any necessary health care to the inmates so that their right to humane treatment
is guaranteed. In this manner, the State shall, together with the participation of the
representatives of the beneficiaries of these provisional measures, conduct a periodic
inspection of detention conditions and of the physical and emotional state of the detainees.
3.
To reiterate that the State must carry out all actions necessary in order that the
protective measures in favor of the detainees at the Monagas Confinement Center (“La
Pica”) are planned and implemented with the participation of the representatives of the
beneficiaries of these measures, and so that, generally, the representatives remain
informed in regards to any progress in the adoption of such measures.
4.
To reiterate that the State must submit to the Court up-to-date lists of all persons
currently detained at the prison and, furthermore, precisely indicate the detainee’s status of
detention.
5.
To declare that in the present provisional measures proceedings the Court will not
assess the effectiveness of the investigations of the events that originated these measures,
because it corresponds to the analysis of the merits of the matter, which will be addressed
by the Inter-American Commission on Human Rights at the proper stage of the proceedings
of “petition P-1487/05”.
6.
To require that the State present its seventh report in regard to the implementation
of the adopted measures on no later than September 28, 2007.
7.
To require that the State continue informing the Inter-American Court of Human
Rights every two months, as from the date of the report required in the prior operative
paragraph, and to require that the Inter-American Commission on Human Rights and the
beneficiaries of these measures, or their representatives, present their observations to the
State’s report required in the prior operative paragraph, just as is the case with the State’s
bi-monthly reports, within the period of six and four weeks, respectively, as of their receipt
of the State’s report.
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