10
correctional facility.11 In the present matter, the Inter-American Commission moved this
Court to order protection for the inmates and other persons present in the Araguan
Correctional Facility. For the purposes of this request, the potential beneficiaries are
identifiable because they are persons who are either presently detained, able to enter as an
inmate in the future, or someone who may regularly or eventually enter as an official or
visitor to the facility.
14.
The State must take all relevant steps so that the provisional measures mandated in
the present Order are planned and implemented together with the participation of the
representatives of the beneficiaries, leading to their prompt and effective realization. The
Court notes the affirmative participation of the State and, particularly, the representatives
is necessary in order to coordinate implementation of provisional measures in this case.
15.
The adoption of these provisional measures does not prejudge State liability for the
events reported.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in the exercise of the powers conferred by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31 of the Court’s Rules of Procedure,
DECIDES:
1.
To ratify in all respects the Order of the President of the Inter-American Court of
Human Rights of November 1, 2010 and, consequently, to require that the State maintain in
place any measures currently in progress of implementation, in addition to immediately and
definitely adopting any complementary measures that may be necessary and effective to
avoid loss of life or harm to the physical, mental, and moral integrity of those incarcerated
in the Araguan Correctional Facility, also known as Tocorón prison, as well as any others
who may be present therein.
2.
To require that the State undertake all relevant steps to ensure that the protective
measures mandated in the present Order are planned and implemented together with the
participation of the representatives of the beneficiaries and, in general, that the State keep
the parties informed as to progress in their execution.
11
Cf., inter alia, Matter of Urso Branco Prison. Provisional Measures regarding Brazil. Order of the InterAmerican Court of Human Rights of June 18, 2002, Considering clause nine; Matter of Capital El Rodeo I and El
Rodeo II Judicial Confinement Center, supra note 5, Considering clause twenty-one; and Matter of Children
Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures regarding Brazil. Order of the
Inter-American Court of Human Rights of July 3, 2007, Considering clause six.