9
of the prison community (supra Having Seen 2(d), 7(e)-(g), and 9(f)). However, this has
not impeded the continued succession of violent acts. For this reason, the irreparable
character of the extremely serious and urgent risk to the right to life and humane treatment
is evident. The Tribunal has the obligation to provide relief in this situation when the
circumstances provided in Article 63(2) of the American Convention are present.
11.
Consequently, in light of the provisions of the American Convention, the InterAmerican Court finds it necessary to protect these individuals by way of the State’s
immediate adoption of provisional measures. This is in order to efficiently and definitively
prevent violence in Tocorón prison as well as loss of life or harm to the physical, mental,
and moral integrity of those incarcerated and of all others who may be present inside the
facility.
12.
It is also appropriate to recall that Article 1(1) of the Convention establishes the
general obligations of State Parties to respect the rights and freedoms enshrined in the
Convention and to guarantee their free and full exercise to all persons subject to the State’s
jurisdiction. These obligations are imposed not only in relation to State power, but also with
respect to third parties. This Court regards the State as occupying a special position as
guarantor of the rights of the incarcerated due to its total control over them. The Court has
also indicated that, independent of the existence of provisional measures, the State is
especially obligated to guarantee the rights of incarcerated persons.7
13.
The prima facie standard for assessing a case and the application of presumptions to
the needs for protection have led the Presidency and the Court to order such measures on
different occasions.8 While in some instances of ordering provisional measures this Court
has regarded it as essential to single out those persons who are in danger of suffering
irreparable harm for the purposes of providing them with protection,9 in other cases the
Court has ordered protection for a plurality of persons that has not be previously named but
which is in any case identifiable, discernible, and in a seriously dangerous situation by virtue
of belonging to a particular group or community,10 such as inmates incarcerated in a
7
Cf. Matter of Capital El Rodeo I and El Rodeo II Judicial Confinement Center, supra note 4, Considering
clause eleven; Matter of Natera Balboa. Provisional Measures regarding Venezuela. Order of the President of the
Inter-American Court of Human Rights of December 1, 2009, Considering clause fourteen; and Matter of Guerrero
Larez, supra note 3, Considering clause thirteen.
8
Cf., inter alia, Matter of the Monagas Judicial Confinement Center (“La Pica”). Provisional Measures
regarding Venezuela. Order of the President of the Inter-American Court of Human Rights of January 13, 2006,
Considering clause sixteen; Matter of Guerrero Larez, supra note 3, Considering clause fourteen; and Matter of
Fernández Ortega et al. Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights
of April 30, 2009, Considering clause fourteen.
9
Cf. Case of Haitians and Dominicans of Haitian Origin in the Dominican Republic. Provisional Measures
regarding the Dominican Republic. Order of the President of the Inter-American Court of Human Rights of
September 14, 2000. Series E No. 3, Considering clause four; and Case of Haitians and Dominicans of Haitian
Origin in the Dominican Republic. Provisional Measures regarding the Dominican Republic. Order of the InterAmerican Court of Human Rights of August 18, 2000. Series E No. 3, Considering clause eight.
10
Cf., inter alia, Matter of the Peace Community of San José de Apartadó. Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of November 24, 2000, Considering clause seven;
Matter of the Communities of Jiguamiandó and Curbaradó. Provisional Measures regarding Colombia. Order of the
Inter-American Court of Human Rights of November 17, 2009, Considering clause six; and Matter of Capital El
Rodeo I and El Rodeo II Judicial Confinement Center, supra note 5, Considering clause twenty-one.