2
by the Commission pending the Court’s decision on the petition for provisional
measures, which the President decided to submit to the consideration of the full
Court. Finally, the President urged that the State should take all necessary steps to
protect the life and personal integrity of the persons in favor of whom the provisional
measures were requested.
3.
The Order of the Inter-American Court of Human Rights (hereinafter, the
“Court” or “the Inter-American Court”) of November 22, 2004, wherein the Court
resolved:
1.
to request that the State immediately adopt all necessary measures to protect
the life and personal integrity of all detainees and inmates of the Mendoza Provincial
Prison and of the Gustavo André Unit, located at Lavalle, as well as all other persons
found within the premises.
2.
to request that, as a protective measure adequate to the present situation, the
State investigate the facts that gave rise to the adoption of these provisional measures
in order to identify the persons to be held liable for said events and punish them
accordingly.
[…]
4.
The Order of the President of the Court of March 18, 2005, whereby the
President resolved to summon the Inter-American Commission, the representatives
of the beneficiaries of the provisional measures and the State, to a public hearing to
be held in Asunción, Paraguay, at the seat of the Supreme Court of Justice of such
country, as from May 11, 2005, so that the Court would hear the arguments on the
facts and circumstances relating to the implementation of said measures.
4.
The public hearing on the provisional measures held in Asunción, Paraguay,
at the seat of the Supreme Court of Justice of said country, on May 11, 2005.
5.
The record signed by the representatives of the Inter-American Commission
on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission), the representatives of the beneficiaries of the provisional measures
(hereinafter “the representatives”) and the State, submitted on May 11, 2005, to the
Court during said public hearing, in which they expressed their agreement on
keeping the provisional measures in full force, and further agreed to “remit to the
consideration of the […] Inter-American Court […] the following set of measures so
that the Court could evaluate the possibility of specifying the content of the Order
dated November 22, 2004, with a view to safeguarding the life and physical integrity
of the beneficiaries to said order:”
1.
Regarding the penitentiary staff, to adopt measures:
a.
b.
c.
d.
e.
In the short-term, to increase the number of penitentiary staff to safeguard the
security of the institutions,;
To introduce changes in the surveillance pattern in a manner such that it
assures adequate control and the actual presence of personnel in the cellblocks;
In the mid-term, to carry out a purge of the penitentiary corps in order to
assure adequate service provision;
As a permanent measure, to assure the recruitment and continuous training of
penitentiary staff; and
to request that the authorities of the General Security Council of the Province
report the outcome of investigations on the individuals directly responsible for
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