4.
The request of the Inter-American Commission for the Court, based on Article
63(2) of the American Convention and 27 of the Rules of Procedure, requires the State:
a)
To implement provisional measures to protect the right to life and personal
integrity of all people imprisoned or found on the premises of CEPRA;
b)
To adopt all measures necessary to guarantee that there will be no more
deaths or people injured and that the security conditions at CEPRA are adequate
in order to avoid new violent situations;
c)
To employ all the necessary efforts to take effective control over the prison
in compliance with the human rights of the detainees; to eliminate the high levels
of overcrowding which foster violent acts; to provide the prison personnel with
sufficient and trained guards and the necessary tools to adequately perform their
duties; and to identify and give an effective response to the causes that allow the
trafficking of weapons inside the prison, and
d)
To allow the participation of the representatives of the beneficiaries in the
planning and implementation of the measures and to require the State to
periodically report on the progress of the implementation of such measures.
5.
The note of the Court’s Secretariat of August 13, 2012, in which, on the
instructions of the President and based on Article 27(5) of the Rules of Procedure of the
Court, the State was requested to forward its observations regarding the petition for
measures, as well as any other documentation it considers pertinent, by no later than
August 27, 2012.
6.
The communication of August 28, 2012, in which the State requested a
reasonable extension to forward its observations, as well as the Secretariat’s note of
August 30, 2012, in which, on the instructions of the President of the Court, the Court
granted the extension requested by the State until September 3, 2012. As of the date of
issuance of this Order, the Court has not received these observations.
CONSIDERING THAT:
1.
Venezuela has been a State Party to the American Convention since August 9,
1977 and, in accordance with Article 62 thereof, has accepted the binding jurisdiction of
the Court on June 24, 1981.
2.
Article 63(2) of the American Convention establishes that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons, the
Court shall adopt such provisional measures as it deems pertinent in matters it has
under consideration. With respect to a case not yet submitted to the Court, it may act at
the request of the Commission.”
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