18
Seen clauses No. 1, 3, 4, 5, 6, 8, 9, 11, 13, 14, 16, 17, 18, 20, 21, 22 and 23), it
can be clearly inferred that, in spite of the measures adopted by the State to
improve detention conditions (supra Having Seen clauses No. 3(o), 3(p), 3(q), 3(r),
4, 8, 9, 11, 14, 16(a), 16(f), 16(g), 16(l), 17(g), 20(a), 20(b), 20(c) and 22), the
extreme serious and urgent conditions and the possibility of irreparable damage to
the rights to life and personal integrity of La Pica inmates still exist. Specially, it is
worth pointing out that during year 2005, 43 inmates died due to acts of violence
committed in La Pica Confinement Center, and 25 inmates were injured (supra
Having Seen clause No. 3(b)), and by this date of year 2006, other three detainees
died and one was injured (supra Having Seen clauses No. 13, 16(b), 17(b) and 18).
That pursuant to the information furnished by the parties it can be inferred that the
factors that generate the serious conditions and the risk for La Pica detainees are the
overcrowding, the lack of separation of inmates by categories, the deficient sanitary,
physical and safety conditions they are subject to, and the lack of personnel duly
trained and qualified (supra Having Seen clauses No. 3, 5, 16, 17, 20, 21 and 22).
Moreover, the situation is aggravated by the lack of control of the introduction and
possession of arms within the confinement center (supra Having Seen clauses No.
3(d), 3(g), 5(i), 14(f), 16(g), 17(f), 17(h), 20(d) and 21(c)).
12.
That the State has expressed that it agrees with the Commission that the
situation described in the instant case is critical. Besides, according to the
information furnished by the State, several measures have been or are being
adopted with the purpose of safeguarding the life and physical integrity of the
penitentiary population in Venezuela, mainly at La Pica Confinement Center, as well
as of improving the imprisonment conditions of said population (supra Having Seen
clauses No. 8, 9, 11, 14 and 22). Among said measures we can point out the
creation of the Comisión Presidencial para Atender la Emergencia Carcelaria
(Presidential Committee for Jail Emergency), the appropriation of funds for
improving the infrastructure of the Confinement Center, as well as the training of the
jail system officers, the several searches and seizures conducted in search of arms
within the confinement center, the enhancement of food and health care services for
inmates, the review and overruling of rules of the Organic Code of Criminal
Procedure, and the investigation of the acts of violence occurred in the Confinement
Center, among other measures.
13.
That the positive participation of the State, the Commission and the
representatives at the public hearing held in the instant case is a significant advance
in the development of these proceedings and contributes to the effectiveness of the
principles enshrined in the American Convention.
14.
That the State must protect and respect the functions that may be exercised
by non-governmental entities and by other groups or individuals that defend human
rights and the essential liberties of persons deprived of liberty, since said actions are
a positive contribution and a supplement to all efforts made by the State in its
capacity of guarantor of the rights pertaining to the persons held under its custody.
15.
That, under the circumstances of the instant case, the Commission alleges
that several detainees have died and have been injured as result of the fights among
inmates.
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