ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 25, 2011
PROVISIONAL MEASURES REGARDING BRAZIL
MATTER OF THE SOCIO-EDUCATIONAL INTERNMENT FACILITY
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter
the “Inter-American Commission” or “the Commission") of December 30, 2010 and
the annexes thereto, by which it submitted to the Inter- American Court of Human
Rights (hereinafter the “Inter-American Court,” the "Court," or “the Tribunal") a
request for provisional measures, according to Articles 63(2) of the American
Convention on Human Rights (hereinafter the "American Convention" or “the
Convention") and 27 of the Court's Rules of Procedure1 (hereinafter “the Rules of
Procedure”), in order for the Court to order the Federative Republic of Brazil
(hereinafter "Brazil" or “the State") to adopt forthwith the measures necessary to
protect the life and personal integrity of the children and adolescents deprived of
liberty as well as other people in the Unidade de Internação Socioeducativa
(hereinafter “UNIS” or “Socio-Educational Internment Facility”), located in the
municipality of Cariacica, state of Espírito Santo, Brazil.
2.
The note of January 3, 2011, wherein the Secretariat of the Court
(hereinafter “the Secretariat"), following the instructions of the President of the
Court (hereinafter “the President”) requested the State to submit, by no later than
January 14, 2011: i) the observations it deems pertinent regarding this request for
provisional measures, and ii) any other documentation it deems pertinent in order
for the Court to be able to consider the request made by the Inter-American
Commission using all the necessary information.
3.
The brief of January 4, 2011, wherein the Inter-American Commission
forwarded the Portuguese version of the request for provisional measures and the
note of January 6, 2011, by which the Secretariat transmitted this document to the
State.
4.
The brief of January 7, 2011, wherein Brazil confirmed receipt of the brief in
Portuguese (supra Having Seen clause 4) and requested clarification about the
period established for the submission of the its answer.
5.
The note of January 11, 2011, wherein the Secretariat, following the
instructions of the President of the Court, confirmed that, in view of the fact that
the brief in Portuguese of the Commission was received by the State on January 6,
2011, as an exception, the period established for the State to submit its
observations would expire on January 17, 2011.
6.
The brief of January 17, 2011, wherein the State forwarded its observations,
without annexes, at the request of the Inter-American Commission.
1
Rules of Procedure approved in its LXXXV Ordinary Period of Sessions, held from November 16
to 28, 2009.