-8-
17.
That the foregoing constitutes a request for expansion of the provisional
measures presently in force so as to encompass the protection of Messrs. RodríguezLara and Ruiz-Almengor’s right to humane treatment.
18.
That, based on said request and on the need to obtain more information, the
Secretariat, following the President’s instructions, requested the State to appoint a
public official whose acts command full faith and credit in order to inspect the
detention centers and certify specific aspects relating to the prison conditions under
which Messrs. Rodríguez-Lara and Ruiz-Almengor are serving their sentences (supra
Having Seen clause No. 11).
19.
That this Court notes with some concern that there are discrepancies between
the report prepared by the Prison System Office and the one prepared by the aforesaid
public official, especially with regard to the size of holding cells (supra Having Seen
clause No. 12).
20.
That, however, it is important to note that in operative paragraph number nine
of the Judgment on the merits, reparations, and costs delivered on September 15,
2005, this Court decided that the “State shall adopt, within a reasonable time, the
necessary measures to adapt prison conditions to the corresponding international
standards” (supra Having Seen clause No. 2). Said judgment is being monitored for
compliance.
21.
That, after examining the grounds for this request of expansion of provisional
measures (supra Having Seen clauses No. 6 and 9), the Court finds that the purpose
of the representatives’ request is related to the obligation imposed on the State in
operative paragraph number nine of the aforesaid Judgment. Consequently, the issue
raised in relation to the prison conditions does not fall within the scope of the
provisional measures pursuant to Article 63(2) of the Convention; rather, it is partly
related to the monitoring of compliance with the Judgment rendered in the Case of
Raxcacó Reyes et al.
THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
by virtue of the authority vested in it by Article 63(2) of the American Convention on
Human Rights and Article 25 of the Court Rules of Procedure,
DECIDES:
1.
To dismiss the request for expansion of provisional measures filed by the
representatives.
2.
To reiterate to the State the need to maintain the measures adopted to protect
the life of Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor so as to avoid
hindering the proceedings before the Inter-American Human Rights Protection System.
3.
To call upon the State to submit a report on the steps taken to comply with the
provisional measures ordered for the benefit of Bernardino Rodríguez-Lara and Pablo
Arturo Ruiz-Almengor by March 5, 2007 and, thereafter, to continue providing
information to the Inter-American Court of Human Rights about the provisional
measures adopted every two months.
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