10
17.
The prima facie standard of assessment in any matter, together with the application
of presumptions when considering the needs for protection, have led this Court to order
provisional measures on different occasions.9 Although, in some cases, the Court has found
it essential to identify those persons in danger of suffering irreparable damage individually
when awarding measures of protection,10 in other cases the Court has ordered protection for
a group of people that has not been named previously, but who can be identified and
determined, and are in grave danger as a result of belonging to a group or community,11
such as persons deprived of liberty in a detention center.12 In the present matter, the InterAmerican Commission asked the Court to order the protection of the inmates and other
persons in the Vista Hermosa Prison; thus, the potential beneficiaries are identifiable,
because they are detained, or may enter the prison in the future as inmates, or normally or
eventually enter the said detention center as staff or visitors.
18.
The adoption of these provisional measures does not prejudge State responsibility
for the events reported.
19.
For procedural economy, and also to improve the processing and analysis of
information, the Court deems it convenient to joinder the processing of these provisional
measures to the four matters that were joindered for procedural purposes in this Court’s
Order of November 24, 2009, in the matters of the Monagas Detention Center (“La Pica”), the
Capital Region Penitentiary Center Yare I and Yare II (Yare Prison), the Occidental Region
Penitentiary Center (Uribana Prison), and the Capital Detention Center El Rodeo I and El
Rodeo II, as well as the provisional measures ordered in the Court’s Order of November 24,
2010, in the matter of the Aragua Detention Center “Tocorón Prison.”
20.
To this end, in accordance with the operative paragraphs of this Order, the State
must present a single brief in which it refers jointly to the implementation of the provisional
measures in the matters of the Venezuelan detention centers in which this Court has
ordered their adoption. Also, the beneficiaries of the measures or their representatives must
present their observations on the said reports jointly in a single brief within four weeks of
receiving them. In the same way, the Inter-American Commission on Human Rights must
present its observations in a single brief within six weeks of receiving the State’s reports.
9
Cf., inter alia, Matter of the Monagas Detention Center (“La Pica”). Provisional measures with regard to
Venezuela. Order of the President of the Inter-American Court of Human Rights of January 13, 2006, sixteenth
considering clause; Matter of the Socio-educational Detention Unit, supra note 3, fifth considering clause, and
Matter of The Aragua Detention Center “Tocorón Prison”, supra note 2, thirteenth considering clause.
10
Cf. Case of Haitians and Dominicans of Haitian Origin in Dominican Republic. Provisional measures with
regard to Dominican Republic. Order of the President of the Inter-American Court of Human Rights of September
14, 2000. Series E No. 3, fourth considering clause; Matter of the Socio-educational Detention Unit, supra note 3,
fifth considering clause, and Matter of The Aragua Detention Center “Tocorón Prison”, supra note 2, thirteenth
considering clause.
11
Cf., inter alia, Matter of the Peace Community of San José de Apartadó. Provisional measures with regard
to Colombia. Order of the Inter-American Court of Human Rights of November 24, 2000, seventh considering
clause; Matter of the Socio-educational Detention Unit, supra note 3, fifth considering clause, and Matter of the
Aragua Detention Center “Tocorón Prison,” supra note 2, thirteenth considering clause.
12
Cf., inter alia, Matter of the Urso Branco Prison. Provisional measures with regard to Brazil. Order of the
Inter-American Court of Human Rights of June 18, 2002, ninth considering clause; Matter of the Socio-educational
Detention Unit, supra note 3, fifth considering clause, and Matter of the Aragua Detention Center “Tocorón Prison”,
supra note 2, thirteenth considering clause.