ORDER
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF MARCH 30, 2006
PROVISIONAL MEASURES
IN THE MATTER OF MENDOZA PRISONS
HAVING SEEN:
1.
The submission dated October 14, 2004, and its Appendixes, whereby the
Inter-American Commission on Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) filed with the Inter-American Court of Human
Rights (hereinafter “the Court”, “the Inter-American Court,” or “the Tribunal”) a
petition for provisional measures, pursuant to the provisions of Article 63(2) of the
American Convention on Human Rights (hereinafter “the Convention” or “the InterAmerican Convention”), Article 25 of the Court’s Rules of Procedure (hereinafter “the
Rules of Procedure”) and Article 74 of the Commission’s Rules of Procedure, seeking
inter alia that the Argentine Government (hereinafter, the “State” or “Argentina”)
protect the life and personal integrity of “the persons held in custody in the Mendoza
Provincial Prison, those in custody in the Gustavo André Unit, located at Lavalle, and
all persons hereinafter imprisoned in such units, and the employees and officials
rendering services on the said premises.”
2.
The letter of the President of the Inter-American Court of Human Rights
(hereinafter “the President”) dated November 5, 2004, whereby the President
acknowledged the position taken by the State of Argentina (hereinafter “the State”
or “Argentina”) concerning the petition for provisional measures as well as other
several measures that had been implemented in connection with the facts under
review and as a response to the precautionary measures requested by the InterAmerican Commission. In turn, the President was concerned to notice that over a
period of seven months a number of untried prisoners and inmates as well as several
penitentiary guards had been injured or killed in the Mendoza Provincial Prison and in
the Gustavo André penitentiary unit, located at Lavalle. Particularly, the President
considered it a serious matter that after the submission of the petition for provisional
measures and during the effectiveness of the precautionary measures requested by
the Commission, one person was killed and another was injured as they were held in
custody in the Mendoza Provincial Prison. In this regard, the President expressed he
was convinced that the State would abide by the precautionary measures requested
*
Judge Cecilia Medina Quiroga informed the Court that for reasons beyond her control she could
not take part in the deliberations on this Order or affix her name thereto.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents