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killing and injuries have stopped altogether. No other information matters as much,
since that news would go directly to the issue of most concern to the Inter-American
Court and that dictated the need for provisional measures and the reason why they
were ordered.
It is all well and good that there should be prison reform, that new prison laws
should be enacted, that inmates should be classified, prison facilities modernized,
prison guards and corrections officers recruited carefully, suitable alternatives to a
sentence of imprisonment found, visiting under decent conditions permitted, medical
services provided to safeguard the inmates’ health, and schools, workshops and work
units created. All this, and even more, is absolutely essential, because it reflects
modern standards on the subject of deprivation of liberty, either for preventive
purposes or by sentence, a measure called into serious question at the present time.
But none of that, which has to be done as soon as possible, can substitute for the
immediate adoption of the measures necessary to prevent even one more death at
Urso Branco Prison. I said as much at the conclusion of the hearing in question, and
I say so again in this Concurring Opinion, which I announced at the conclusion of
that session. That immediate and concrete result is precisely what the Court had in
mind when it issued this Order for provisional measures, the latest in a series
adopted over the past two years. Obviously, while other reforms or advances may be
a question of gradually achieving certain goals, what is required here is immediate
action, using every legitimate means to the fullest extent to preserve the life of each
and every inmate at Urso Branco -and the lives of the other people whose lives and
safety are at risk- regardless of their juridical situation.
The Court’s Order is premised upon the State’s specific obligations when it comes to
persons deprived of liberty and in the State’s exclusive custody. As the Court has
held in various orders, the State must serve as guarantor of the rights of those it has
in its custody. These people are entirely subject to the State’s immediate authority
and to the active or negligent conduct of its agents. They have no real capacity to
provide for their own safety and defense and, because of that, too frequently find
themselves up against devastating circumstances. As guarantor, the State is entirely
and exclusively responsible for preserving their rights. The peculiar helplessness of
the inmates creates special obligations that must be fulfilled promptly, as their
welfare and even their very lives depend upon it. This is what happens in adult
prisons, juvenile detention centers, institutions for the mentally ill and other
institutions in which, in one way or another and under various labels, liberty is
deprived and the persons in them are under the complete control of the public
authorities.
It is self-evident that the State has, vis-à-vis all persons subject to its jurisdiction, a
duty to recognize, respect, protect and guarantee the human being’s fundamental
rights. This obligation of the State takes on added emphasis when the individuals
are completely and directly dependent on and subordinate to the State’s agents, as
is clearly the case in the hypothetical situations to which I made reference and in
which there is a legal and material relationship between the authority and the private
person that does not exist in most cases, at least not with the same characteristics.
Hence, the State’s role as guarantor of rights is heightened, as is its responsibility
vis-à-vis those within its custody. For this very reason, one could say that the State
has an “aggravated” responsibility vis-à-vis such persons. Elsewhere I have alluded
to this heightened responsibility and the consequent reparations owed by virtue of