INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RESOLUTION 15/2020 Precautionary Measure No. 23-20 Arrest and Preventive Detention Center of Cabimas regarding Venezuela (“Cabimas Prison”) February 6, 2020 Original: Spanish I. INTRODUCTION 1. On January 8, 2020, the lnter-American Commission on Human Rights (“the lnter-American Commission,” “the Commission” or “the IACHR”) received a request for precautionary measures filed by Carlos Alberto Nieto Palma as General Coordinator of “Una Ventana a la Libertad” (“the applicants”), urging the IACHR to request that the Bolivarian Republic of Venezuela (“the State” or “Venezuela”) take the measures necessary to protect the rights of the persons deprived of their liberty (“the detainees” or “the beneficiaries”) at the Arrest and Preventive Detention Center of Cabimas, better known as “Cabimas Prison” (Retén de Cabimas). According to the information provided, the men and women that are deprived of their liberty in that Center are currently at risk in Venezuela. 2. In accordance with Article 25 of the Rules of Procedure, the Commission requested information from the State on January 10, 2020. To date, no communication has been received from the State. The applicants submitted additional information on January 17, 2020. 3. Upon reviewing the submissions of fact and law by the applicants, the Commission considers that the information shows prima facie that the persons identified as proposed beneficiaries appear to be in a serious and urgent situation and that their rights are at risk of irreparable harm. Consequently, pursuant to Article 25 of its Rules of Procedure, the Commission requests that Venezuela: a) immediately adopt the necessary measures to protect the life and personal integrity of the proposed beneficiaries. These measures must be adopted by the State, taking into account the different conditions of the persons who are deprived of their liberty, in particular, pregnant women and those who are mothers; b) adopt the relevant measures to adapt the described situation to the applicable international standards regarding treatment of persons who are deprived of their liberty, which may include confiscating all weapons which are found in the possession of the inmates, reducing overcrowding and improving the conditions of detention, providing medical care to those who require it, having qualified and sufficient personnel to ensure adequate and effective control, custody and surveillance of the center, separating convicted persons from those who are not convicted, among other measures; c) consult and agree upon the measures to be adopted with the representatives of this precautionary measure; d) report on the measures taken regarding the investigation of the alleged facts which gave rise to this resolution, so as to prevent such events from reoccurring. II. SUMMARY OF ALLEGED FACTS SUBMITTED BY THE APPLICANTS 4. The Arrest and Preventive Detention Center of Cabimas, better known as the “Cabimas Prison,” is located in La Misión region, Ambrosio parish of the municipality of Cabimas, in the state of Zulia. In Venezuela, preventive detention centers, despite failing to meet the requirements to detain persons for a period of over 48 hours, have allegedly become permanent spaces where persons are deprived of their liberty for years. In these spaces, the applicants have indicated that corruption and open and public operation of prison mafias headed by negative leaders of this facilities, known as “Pranes,” acting in - 1 - complicity with the officers in charge of their custody, have made this one of the largest centers of violence and corruption of the country dedicated to weapon trafficking, drugs, and the influx of cellular phones used to extort and abduct. i. Detention conditions 5. The applicants stated that the infrastructure of the center was built to work as a slaughterhouse for animals. Subsequently, it was allegedly used to accommodate persons deprived of their liberty from the seven municipalities which make up the Eastern Coast of Lake Maracaibo, in western Venezuela. The center is allegedly divided into six cellblocks: Cellblocks A, B, C (male cellblocks); Cellblock D (female cellblock); Cellblocks for police officials, where both men and women allegedly share the space; and an isolation area for those critically ill with tuberculosis. The administration, custody and maintenance of the space are allegedly responsibility of the Government of the state of Zulia, by means of the Secretariat of Internal Security and Public Order. 6. The applicants stated that the remand facility was built for a population of 100 persons deprived of their liberty and, according to the latest non-official count which was allegedly performed by the leaders of the cellblocks, there are currently 1073 reported inmates. The population of the center is said to have gone from 500 to 1250 in a matter of weeks and, since then, it has allegedly been consistently overcrowded. The applicants further stated that between 2017 and 2018, the ammount of inmates exceeded 2000. In May 2018, case revision plans were allegedly carried out and the highest number of releases were carried out in compliance with precautionary measures: 400 persons, according to official data. To date, there are no official reports regarding this matter. 7. In 2019, the center reportedly started with a population of 1800 inmates. During a visit from the Ministry for Correctional Services (Ministerio de Servicios Penitenciarios) allegedly 1419 inmates were counted for mid-year and, in December, a reported 1073 were registered. The inmates affirmed that no “mass liberties” were granted, but that the amount of evasions and escapes had increased. In 2019, the Remand facility reportedly acquired public relevance due to the deaths by tuberculosis of its inmates and the possession of weapons that the “Pranes” have, who fight not only for the control of the cellblocks but also for the trade extortion, car theft, charging for vacunas [vaccines against kidnapping] and the distribution of fuel in the Eastern Coast of Lake Maracaibo which are all carried out from that Center. 8. From 2017, there have been reports regarding the death of those deprived of their liberty due to tuberculosis, and no timely response has been given by the Secretariat of Internal Security and Public Order of the Zulia Government, which is the body the Remand facility is assigned to. The Regional Secretariat of Health has not given any response either. There are reportedly 100 inmates at risk of death due to the lack of timely medical care and the impossibility of receiving medical treatment. All of them reportedly present with some level of malnutrition or tuberculosis. 9. In view of managing the situation, the board of the prison institution reportedly built a 4x4m2 annex in the back area of the facility, where 23 ill persons have been purportedly confined. That space is reportedly surrounded by mountains of garbage, sewers for wastewater, sewers for human waste, flies and rats. The structure is said to consist of blocks and slabs of concrete, with a window with bars on one side and a grate as the main entrance. There are allegedly no urinals, showers, or pipelines for drinking water; therefore, they relieve themselves in a makeshift toilet in a corner of the isolated cell. They reportedly bathe on the rare occasions they have access to water in the corner of that cell. They report the lack of proper ventilation, despite being directly exposed to the sun, temperatures above 35 degrees and the heat that comes from three makeshift cookers just a few feet from the cells. Both the “Pranes” and the administration of the preventive detention center allegedly decided to keep them locked up to avoid flees - 2 - through the perimeter fences which do not have an electrified fence nor any other protection mechanism to dissuade them from jumping. At least 10 inmates reportedly have their body full of red spots and rashes. 10. In cellblocks A, B, C, the female annex, and the police areas there are also persons deprived of their liberty who suffer from malnutrition or tuberculosis, and some inmates are even pregnant. The symptoms of all the inmates coincide: shortness of breath, constant swelling of the feet, fast weight loss, constant fevers and dry cough, and some even spit phlegm with blood. Allegedly, 13 inmates have died due to not receiving medicines or medical care in a timely manner. 11. Diets are purportedly precarious. There is reportedly no water, and inmates depend on their visitors or have to pay to be able to bathe or drink water. It was further reported that administration has helped by providing the isolated ones with a large 20-liter water container at least once a week. The maintenance of the infrastructure is allegedly funded by family members. The remand facility has no gas by pipeline; therefore, the inmates cook with gas cylinders, electric stoves or, if these are not available, with gas tubes in the back of the prison. When electricity rationing is in place, which is allegedly common in the area, there is no way to cook and they resort to making a campfire in the backyard or near the block cells of the isolated. The “Pranes” have allegedly acquired energy generators, but for personal use only. 12. In the detention center, there are reportedly five pregnant women. In a population of 75 women in total, at least 30 are not receiving an adequate diet. The applicants have indicated that 5 of them may have tuberculosis; however, they have not undergone a medical examination. During 2019, there were two alleged births which were assisted by the inmates themselves as they did not have a transportation unit or the help of external security nor the corresponding authorities. ii. Acts of violence 13. The applicants indicated that in the remand facility no activity or action is carry out without being authorized by those who have the firearms and the grenades.