5
Prison and the Gustavo André Unit of Lavalle call for exceptional measures
and attention. In agreeing with the assessment of the gravity of the situation,
the State expressed a favorable willingness to find and apply response actions
to avoid the occurrence of further deaths in the abovementioned penitentiary
centers. Taking all these elements into consideration, the Court has
emphasized the fact that priority measures for the avoidance of new
impairment of the right to life and physical integrity must translate in “means,
actions and goals set by the State,” which must be understood as goals which
gradually translate into concrete results. The favorable willingness of the
State becomes meaningful to the extent that they gradually produce tangible
results that may be, in turn, assessed as such and overseen by the Court.
19.
Based on the foregoing, the factual circumstances leading to the restatement
of provisional measures under Order of March 30, 2006, have helped the
Court to precise the purpose and exceptional sense of provisional measures
as an immediate response and tangible and concrete solutions to factual
situations which necessarily have to be of extreme gravity, of an urgent
nature, and to threaten to cause irreparable damage. This Order helps
describe the factual circumstances in which the Court may order provisional
measures and prescribe that these will become meaningful to the extent that
they generate immediate and tangible effects in order to cope with the
exceptional circumstances which meet all the requirements referred to in
Article 63(2) of the Convention.
Diego García-Sayán
Judge
Pablo Saavedra Alessandri
Secretary
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