15
judicial authorities of the State, or, should it be the case, within the scope of the
bodies of the Inter-American System in an adversarial case in which there are
allegations of violations against human rights. As it has already expressed before,
this Court recognizes the existence of the power, and even the obligation of the
State to guarantee the security and to keep public order,6 reason for which it is not
possible to prevent the State from looking into the claims brought before it through a
provisional measures proceeding.
NOW THEREFORE:
THE INTER AMERICAN COURT OF HUMAN RIGHTS,
Exercising the authority conferred upon it by Article 63(2) of the American
Convention of Human Rights, and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To again request the State to immediately maintain and adopt the necessary
measures to protect the life and personal integrity of all the children and adolescents
institutionalized at FEBEM´s Tatuapé Complex, as well as that of all the persons
within it. For that matter, it shall adopt the necessary measures to prevent violence
outbursts, as well as to guarantee the security of the inmates and maintain order
and discipline in the above mentioned compound.
2.
To again request the State to maintain the necessary measures to prevent
the inmates from being submitted to cruel, inhuman or degrading treatment, among
which lasting confinement and physical mistreatment are included.
3.
To again request the State, without prejudice of the measures of immediate
implementation ordered in the operative paragraphs above, to maintain and adopt
those necessary to: a) substantially reduce overcrowding in Tatuapé Complex, b)
seize the weapons in the possession of the youngsters, 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
detained 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 detained children, with the participation of
the representatives of the beneficiaries of these provisional measures.
4.
To again request the State to make all the pertinent approaches so that the
protection measures are planned and implemented with the participation of the
representatives of the beneficiaries of said measures and that, in general, they are
informed regarding to the progress of their implementation.
6
Cf. Case of Neira-Alegría et al. Judgment of January 19, 1995. Series C, No. 20, para. 75.
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