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deprived of liberty, in addition to constituting a violation of the right to humane treatment,
was also a factor favoring the climate of violence and the tensions among the prisoners.
104.
One of the most serious situations observed at the Provincial Penitentiary
of Mendoza, especially during the first years in which the provisional measures were in
force, was precisely that the prison staff was by far outnumbered by the prisoners.
Accordingly, the guards were not in the wings, and merely observed the prisoners’
activities from outside. 116 In this respect, the Court ordered in due course, in addition to
the other measures necessary for preserving the life and personal integrity of the
prisoners, the following measures: (a) increases in the prison personnel assigned to ensure
security in the establishments; (b) the elimination of weapons in the establishments; and
(c) that the patterns of surveillance should be varied so as to ensure adequate control and
the effective presence of prison personnel in the wings. 117
105.
In addition, the Inter‐American Court, from January 2006 to November
2010, granted five provisional measures with respect to prisons in Venezuela. In all these
cases the facts that led to the adoption of the measures referred to extremely serious
situations of violence in which it was reported that a large number of persons were killed
and wounded, as can be observed:
(a)
In the matter of Monagas Judicial Confinement Center (“La Pica”), the
Court was informed that during 2005, 43 persons had died and at least 25 had been
seriously injured; that during 2004, 30 prisoners had died in violent incidents; and that the
501 prisoners at that establishment were guarded by 16 guards half of whom worked in
each of two 24‐hour shifts. 118
(b)
In the matter of Yare I and Yare II Capital Region Penitentiary Center (Yare
Prison), it was considered that from January 2005 to March 2006 there had been 59 violent
deaths as a result of gunshot wounds, stab wounds, hangings, and decapitations, and at
least 67 serious injuries. In addition, the authorities had seized several weapons and
grenades. The 679 inmates housed in the Yare I and Yare II prisons, combined, were under
the surveillance of a total of 23 guards who worked 24‐hour shifts. 119
116
This situation was verified by the IACHR during a visit to the prisons of Mendoza from December 13
to 17, 2004, see, I/A Court H.R., Provisional Measures case of the Mendoza Prisons, Order of the Inter‐American
Court of Human Rights, June 18, 2005, Having seen paragraph 24(b). See also, I/A Court H.R., Provisional Measures
in the matter of the Mendoza Prisons, Order of the Inter‐American Court of Human Rights, March 30, 2006.
Having seen paragraph 51(a).
117
I/A Court H.R., Provisional Measures in the matter of the Mendoza Prisons, Order of the Inter‐
American Court of Human Rights, March 30, 2006. Considering paragraph 12.
118
I/A Court H.R., Provisional Measures in the matter of Monagas Judicial Confinement Center (“La
Pica”), Order of the President of the Inter‐American Court of Human Rights, January 13, 2006. Having seen
paragraphs 2(c) and (d).
119
I/A Court H.R., Provisional Measures in the matter of the Yare I and Yare II Capital Region
Penitentiary Center (Yare Prison), Order of the Inter‐American Court of Human Rights, March 30, 2006. Having
seen paragraphs 2(c), (d) and (f).
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