7
iii)
it appreciates the efforts made by the State in order to provide medical
attention to the detainees, but the proportion between physicians and detainees
is still deficient, and
iv)
it considers that the State actions to strengthen the judicial system are
positive, but “it expects further information on the effects of the mutirão […] so
as to be able to ascertain the impact that such an [action] could entail to the
specific provisional measures.”
10.
That the State has the general obligation to respect and guarantee the total
enjoyment and exercise of the rights of all the persons under its jurisdiction, duties
which are imposed not only with respect to the power of the State but also with
respect to the actions of individual third parties. Special duties derive from these
general obligations, ascertainable on the basis of the special needs of protection of the
legal person, either by his/her personal situation or by the specific situation in which
he/she may be4, as in the case of detention. The Court has pointed out the special
position of guarantor that the State acquires with respect to the detainees, originated
in the special subjection relation existing between the inmate and the State. In such a
situation, the State general duty to respect and guarantee rights has a particular
nuance which forces the State to provide inmates the minimum conditions compatible
with their dignity while they are confined in detention centers, with the purpose to
protect and guarantee their right to life and physical integrity.5
11.
That the Court appreciates the efforts of the State with the purpose to improve
the detention conditions at the Penitentiary, among which overcrowding reduction and
redevelopment of the premises outstand. The Court further appreciates the fact that
the State itself has declared the following at the public hearing: a) overcrowding at
Urso Branco appears as the greatest problem of the unit, from which practically all the
other problems derive; b) there are problems in the supply of personal hygiene items
and mattresses; and c) it is necessary to adopt measures in order to improve social
work and health services for the beneficiaries, as well as the adequacy of the structure
of some of the cells (supra Considering clause No. 7.iii and iv).
12.
That this Court again states that the improvement and correction of the Urso
Branco Prison is a process which shall require the adoption of short, medium and long
term measures on the part of the State in order to face the structural problems which
affect those confined thereat. The duty to adopt such measures derives from the
general obligation of respect and guarantee of rights, assumed by the State when it
ratified the American Convention on Human Rights.6
4
Cf. Case of the Mapiripán Massacre v. Colombia. Merits, Reparations and Costs. Judgment of
September 15, 2005. Series C No. 134, pars. 111 and 113; Case of Anzualdo-Castro v. Peru. Preliminary
Objection, Merits, Reparations and Costs. Judgment of September 22, 2009. Series C No. 202, par. 37, and
Case of Perozo et al. v. Venezuela. Preliminary Objections, Merits, Reparations and Costs. Judgment of
January 28, 2009. Series C No. 195, par. 298.
5
Cf. Case of “Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits, Reparations
and Costs. Judgment of September 2, 2004. Series C No. 112, par. 159; Case of the children deprived of
liberty in FEBEM. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights
of November 25, 2008, Considering clause No. twelve, and Matter of the Urso Branco Prison. Provisional
Measures regarding Brazil. Order of the Inter-American Court of Human Rights of May 2, 2008, Considering
clause No. nineteen.
6
Cf. Matter of the Urso Branco Prison, supra note 5, Considering clause No. twenty.