4
b.
c.
7.
Creation of an Ad Hoc Investigation Committee:
a.
b.
c.
8.
Investigations on the incidents of violence that took place in the Mendoza
Prison and Gustavo André penitentiary unit; and
Full compliance with the obligation on the part of Judges, Prosecutors and
Official Defense Attorneys to visit —on a periodic basis— prisons with untried or
convicted prisoners the responsibility for whom vests with the judiciary body
under the charge of said officials.
The Committee shall be in charge of investigating the incidents of violence and
death that took place in the prisons located in the Province of Mendoza from
January 2004 to date;
The Committee shall be created as a special, independent and impartial unit; it
shall carry on activities within the framework of principles of efficient
prevention and investigation of extralegal, arbitrary or summary executions, as
per recommendations stated in resolution 1989/65 of United Nations Economic
and Social Council, dated May 24, 1989; and
The Committee shall be composed by members appointed by the national
government and the provincial government pursuant to the foregoing
guidelines.
Reinforcement of the Follow-up Committee:
The number of members of the follow-up committee created in November 2004,
composed by the national government, the government of Mendoza, Senator Marita
Perceval, the Supreme Court of Justice in and for the Province and the petitioners,
shall be increased in order to broaden the committee’s operating horizons,
assessing the possibility to appoint to the committee the National Ministry of the
Interior, the Cabinet Chief Office and the Secretariat of Justice reporting to the
National Ministry of Justice and Human Rights.
9.
Assistance and Cooperation:
The National Government undertakes to provide the Province of Mendoza with
assistance and resources needed to implement the measures established in this
document.
6.
Order of the Court of June 18, 2005, wherein the Court resolved:
1.
to request once again that the State keep in full force and effect the provisional
measures adopted by virtue of the Order of the Inter-American Court of Human Rights
dated November 22, 2004, and that the State order forthwith those measures needed to
efficiently protect the life and integrity of all persons held in custody in the Mendoza
Provincial Prison and the Gustavo André Unit, located in Lavalle, as well as all other
persons found within the premises. Among the measures to be adopted by the State are
the ones described in the agreement signed by the Inter-American Commission, the
representatives of the beneficiaries of the measures and the State [(supra Having Seen
Clause No. 5)].
2.
To request that the State continue informing the Inter-American Court of
Human Rights —every two month next following its latest report— on the actions taken
in compliance with all issues ordered by the Inter-American Court, and request the
representatives of the beneficiaries of the provisional measures ordered and the InterAmerican Commission on Human Rights to submit their comments to said State’s
reports within a term of four weeks and six weeks, respectively, next following receipt of
the referenced State’s reports.
7.
The submission dated June 21, 2005, wherein the representatives filed a
document entitled “report on the visit of June 13, 2005, to the Mendoza Prison and
request for a visit of the Inter-American Commission to said penitentiary.”
8.
The submission dated June 22, 2005, in which the representatives reported
the alleged death of the inmate Ricardo David Videla.
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