Order of the
Inter-American Court of Human Rights∗
of November 25, 2009
Provisional Measures regarding Brazil
Matter of Urso Branco Prison
HAVING SEEN:
1.
The Orders of the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court” or “the Court”), of June 18, 2002, August 29, 2002, April 22,
2004, July 7, 2004, September 21, 2005 and May 2, 2008. In the latter, the Court,
inter alia, decided:
1. To request the State to immediately adopt all the measures necessary to efficiently
protect the life and physical integrity of all the persons confined at the Urso Branco Prison,
as well as the life and physical integrity of all the persons entering the premises, among
which visitors and security agents who provide services thereat are included, in the terms
of Considering Clauses No. 15 and 16 of the […] Order.
2. To again request the State to take all the steps necessary so that the protection
measures regarding the life and physical integrity are planned and implemented with the
participation of the beneficiaries or their representatives, and that the State keeps them
informed on the progress of the application of said measures.
3. To request the State to submit its next report on the compliance with the measures
indicated in the first operative paragraph before the Court no later than July 15, 2008,
particularly on the measures it may immediately adopt so that no deprivations of life or
acts against the physical integrity of the persons confined at the prison and of those in any
manner entering the premises are produced. The State shall submit, as an appendix to the
above mentioned report, an updated list of all the persons who have died due to violent
causes since the issue of the first Order rendered by the Inter-American Court of Human
Rights in the instant case.
4. To request the State to continue to inform the Inter-American Court of Human Rights,
every two months, on the compliance with the implementation of the measures indicated
in the first operative paragraph of the […] Order.
[…]
2.
The 19th to 25th reports submitted on May 20, July 31, October 30, and
December 30, 2008, as well as the respective appendixes thereto, whereby the Federal
Republic of Brazil (hereinafter “the State” or “Brazil”) provided information on the
steps taken with respect to the provisional measures ordered by the Court in the
instant case.
∗
Judges Cecilia Medina-Quiroga and Leonardo A. Franco informed the Court that, on grounds of force
majeure, they could not participate in the deliberation and signature of this Order, reason for which Judge
Medina-Quiroga relinquished the Presidency in the terms of Article 4(3) of the Court’s Rules of Procedure to
the Court Vice-President, Judge García-Sayán, President in office for the instant case.