Order of the
Inter-American Court of Human Rights
of May 02, 2008
Provisional Measures
with regard to Brazil
Matter of Urso Branco Prison
HAVING SEEN:
1.
The Orders issued by the Inter-American Court of Human Rights (hereinafter,
“the Court”, “the Inter-American Court” or “the Tribunal”) on June 18, 2002; August
29, 2002; April 22, 2004; July 7, 2004 and September 21, 2005. In the latter, the
Court held:
1.
To require the State to:
(a)
immediately adopt all such measures as are necessary to effectively protect the life and
physical safety of all persons held in the Urso Branco Prison as well as of all persons entering it,
including visitors and security personnel serving there;
(b)
adjust the conditions in the prison to the applicable international human rights protection
standards [...];
(c)
submit to the Court an up-to-date list of all persons held under custody in the prison and
to state precisely:
(1) the names of the persons released;
(2) the names of the persons entering the prison;
(3) the number and name of the inmates serving time;
(4) the number and names of the inmates detained without a conviction; and
(5) whether convicted inmates are kept apart from non-convicted ones in different
sections;
(d)
investigate the facts which gave rise to the adoption of these measures in order to identify
those responsible and punish them as appropriate, including an investigation into the serious events
which took place in the prison following the Court's Order of June 18, 2002; and
(e)
submit to the Court, no later than on November 6, 2005, the 11th report on compliance
with the measures mentioned in the above sections of this operative paragraph and in operative
paragraphs N. 2 and 3, specifically regarding the measures adopted immediately to prevent deaths
or acts which threaten the physical integrity of the persons held in the prison and of those who
enter it for any reason.
2.
Require the State to take any such steps as are appropriate so that the protection
measures be planned and implemented with the participation of the beneficiaries thereof or their
representatives so that such measures are carried out effectively and efficiently, and generally to
keep them informed of the progress of their implementation.
2.
The 11th to 18th reports and their appendixes, submitted between November 7,
2005 and January 7, 2008, and the other submissions made in response to the
additional writings submitted by the representatives, through which the Federal