Order of the
Inter-American Court of Human Rights
of November 25, 2008
Provisional Measures
With regard to Brazil
Matter of the Persons Imprisoned
in the “Dr. Sebastião Martins Silveira” Penitentiary
in Araraquara, São Paulo
HAVING SEEN:
1.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter, “the Inter-American Court” or “the Court”) of July 28, 2006, and the
Order of the Court of September 30, 2006, whereby it decided:
1.
To ratify in all its terms the Order of the President of the Inter-American Court of
Human Rights, and therefore, to request the State to keep the measures that have already
been adopted, and to adopt immediately those measures that may be necessary in order to
protect the lives and personal integrity of those persons for whose benefit the adoption of
protective measures was ordered on July 28, 2006 while they were detained in the Araraquara
Penitentiary.
2.
To request the State to adopt any measures that may be necessary to secure that the
management and treatment of the beneficiaries of the instant measures be carried out with a
strict respect for human rights, and preventing unduly violent acts by state officers, pursuant
to Considering clause No. 16.
3.
To request the State to keep and adopt any measures that may be necessary in order
to provide decent detention conditions in the penitentiary centers where the beneficiaries of
the instant measures are detained. The said measures must include: a) necessary medical
assistance, particularly to those who suffer from contagious diseases or those who suffer a
serious medical condition; b) provision of sufficient amounts of food, clothes and products for
personal hygiene; c) detention avoiding overcrowding; d) division of inmates into different
categories according to international standards; e) visits of the next of kin for the beneficiaries
of the instant measures; f) access and communication of the defense attorneys to the
detainees, and g) access of the representatives to the beneficiaries of the instant provisional
measures.
4.
To request the State to immediately and officially inform next of kin about the
referrals and relocation in other penitentiary centers of those persons deprived of their liberty
that are beneficiaries of the instant measures, pursuant to Considering clause No. 22.
5.
To request the State to specifically inform the Court about the current situation of the
beneficiaries of the instant measures who were detained at the Araraquara Penitentiary on July
28, 2006.
6.
To request the State to investigate the facts that have given rise to the adoption of
the provisional measures, identify those responsible therefor, and as the case may be, impose
the pertinent sanctions.
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