ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF JULY 4, 2006
PROVISIONAL MEASURES AND
REQUEST FOR EXTENSION OF PROVISIONAL MEASURES REGARDING THE
FEDERATIVE REPUBLIC OF BRAZIL
MATTER OF CHILDREN AND ADOLESCENTS DEPRIVED OF LIBERTY IN THE
"COMPLEXO DO TATUAPÉ" OF FEBEM
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter “the
Court”, or “the Inter-American Court”) of November 17, 2005, by means of which it
requested the Brazilian State (hereinafter “the State”) to immediately adopt the
necessary measures to protect the life and personal integrity of all the children and
adolescents institutionalized in the Tatuapé Complex, of the Fundação Estadual do
Bem-Estar do Menor de São Paulo [São Paulo State Foundation for the Welfare of
Minors] (hereinafter “FEBEM”), as well as the life of all the people within said
compound.
2.
The Court Order of November 30, 2005, whereby it decided to:
1.
Again request that the State immediately adopt the necessary measures to
protect the lives and personal integrity of all the children and adolescents residing in
FEBEM Tatuapé Complex, as well as that of all persons within it. To that end, the State
shall adopt the necessary measures to prevent outbreaks of violence, and also to
guarantee the security of the inmates and maintain order and discipline in the above
mentioned compound.
2.
Request the State to adopt, without delay, the necessary measures to prevent
that the young inmates are subjected to cruel, inhuman or degrading treatment, among
which lasting confinement and physical mistreatment are included.
3.
Request the State, notwithstanding the measures of immediate implementation
ordered in the operative paragraphs above, to adopt those necessary to: a) substantially
reduce overcrowding in Tatuapé Complex, b) seize the weapons in the possession of
young inmates, c) classify the inmates, according to the international standards on the
matter and taking the best interest of the child into account, and d) provide the
necessary medical attention to the institutionalized children in order to guarantee their
right to personal integrity. In this sense, the State shall carry out a periodic supervision
of the detention conditions and the physical and emotional state of the detainees, with
the participation of the representatives of the beneficiaries of these provisional
measures.
•
Judge Oliver Jackman informed the Court that, for reasons beyond his control, he was unable to
be present during the deliberation of this Order.
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