2
c) according to media reports, the deaths were mainly a consequence of riots among
inmates, the central reason for the fights being internal control of the prison.
Factors aggravating the situation include the lack of effective control over the prison
and arms trafficking that, despite raids, continue unabated in the absence of
effective, sustainable measures that would help to identify the causes underlying the
re-arming of the prison population;
d) from September 27-29, 2010, a riot in the prison left 16 inmates dead and
between 36 and 46 wounded. During this incident, firearms were discharged and
eight grenades were detonated. According to available information, Venezuela
responded by mobilizing 1,800 National Guard troops to maintain control and
allegedly provide security to the inmates. Furthermore, groups made up of inmates’
family members began protesting outside the prison in order to obtain information
on the events. Owing to a hunger strike in several State correctional facilities, on
October 1, 2010 a formal dialogue was commenced aimed at providing an exit for
the National Guard troops;
e) on October 10, 2010, another inmate was found dead from a stab wound; and,
f) among the conditions that “create, propitiate, and maintain an environment of
extreme violence,” reference was made to “overcrowding, physical and psychological
abuse, the lack of professional personnel inside the prison, internal trafficking of
drugs and weapons, the lack of an inmate classification system, delays in inmates’
legal proceedings, and the dismal state of the prison’s physical infrastructure [...] to
which one could also add the [inmates’] terrible sanitary and nutritional state, the
dearth of attention to their needs, and the absence of any sort of rehabilitative
activities.”
3.
The Commission’s legal arguments forming the basis for its request for provisional
measures in which it noted:
a) the incidents of violence occurring inside this facility over the last two years have
claimed the lives of dozens of people. Of particular concern is the increase in the
rate of dead and wounded inmates in 2010 compared to 2009, which evinces a
situation of extreme gravity and urgency and the need to avoid irreparable harm to
the inmates and other persons present in Tocorón prison. From the available
information, it is clear that the State of Venezuela has not taken effective steps to
protect the lives and right to humane treatment of the potential beneficiaries, nor to
stop the trafficking of weapons inside the prison;
b) the violent deaths of at least 16 inmates and the wounds caused to more than 30
people during the events of September 27-29, 2010 demonstrate the urgency of
taking immediate steps to preserve the lives and right to humane treatment of the
potential beneficiaries; and
c) the State of Venezuela’s response to this situation centered on a military operation
without adequate or sustainable measures or properly-trained prison personnel to
effectively counter this crisis of violence. The absence of these measures is reflected
in the continuity of deaths as a consequence of internal disputes, the last of which
was recorded on October 10, 2010.
4.
The Inter-American Commission’s motion that the Court, on the basis of Article 63(2)
of the American Convention and Article 27 of the Rules of Procedure, require that the State: